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108 Miss. 465

Stephens v. Johnson

Mississippi Supreme Court

Decided October 15, 1914

Mississippi Supreme Court · decided 1914-10-15

Hon. J. F. McCool, Chancellor. Suit by Mrs. S. J. Stephens against W. W. Johnson. From a decree for defendant, complainant appeals. This suit was begun in equity by the appellant; the purpose being to cancel a deed to appellee as a cloud upon her title.

Relies on Moring v. Ables

Decided 1914-10-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2Accepting appellee’s version of this matter as true, it appears that he purchased the land at the trustee’s sale at the request and for the benefit of appellant and her husband; they agreeing to repay him the. amount of money expended by him in the purchase thereof. The legal title was held by him simply to secure the payment of this debt due him by appellant and her husband. No time was fixed for the payment of this debt, and it therefore became due and payable either, as soon as contracted or within a reasonable time thereafter. It is immaterial which, for in either event it was barred by the statute of limitations long prior to ten years before the institution of this suit in the court below. Appellant was in possession of the land, claiming it as her own, and her possession 'became adverse to appellee when his debt became barred by limitations. Moring v. Ables, 62 Miss. 263, 52 Am. Rep. 186.

¶3The judgment of the court below is therefore reversed, and a decree will be entered here adjudging appellant to be the owner of the land and cancelling appellee’s claim thereto.

¶4Reversed.

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