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59 Miss. 559

Carter v. Bustamente

Mississippi Supreme Court

Decided April 15, 1882

Mississippi Supreme Court · decided 1882-04-15

Hon. C. H. Campbell, Judge. The appellants are heirs of a creditor, who was secured by a trust deed executed by Gr. D. Bustamente, and recorded Feb. 8, 1873 upon land, which the beneficiary purchased at the sale by J. T. Butt, the trustee, on Nov. 24, 1879. The appellee is Bustamente’s wife, who on Nov. 14, 1877, purchased from the State the land which, on Jan. 3, 1876, was sold for the taxes of 1875.

Good law ✅— No negative treatment on recordhow we know

Decided 1882-04-15

How this case has been cited

Cited by 4 later decisions — most recently September 1982

1 federal appellate · 3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chalmers, J.,

¶1specially concurring.

¶2I concur in the result reached and the opinion delivered in this case, since the question of the legal title to the property is alone presented by the record. Whether a wife might not be *561equitably estopped from setting up a title acquired by a husband’s default in paying his taxes, as against one to whom he had previously conveyed the property, is not now before us. I am inclined to think that, while she is not technically bound by his deed, she might be equitably estopped from taking advantage of his omission to discharge his duty to the State and to his grantee.

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