Appeal from the Circuit Court of Winston County.

Hon. W. M. Rogers, Judge.

In 1863 Francis M. McGee died, leaving a widow and three children, two of whom have since died unmarried. In 1879 Mrs. McGee, the widow, died. Before her death Mrs. McGee, claiming the land now in controversy only as widow of her deceased husband, sold the same to one Loyd, who Went into possession, and in 1875 executed a deed of trust on the land to the firm of Constantine & Co. This firm was afterward dissolved, and one Tyson, as the agent of his wife, who was a member of the firm of Constantine & Co., entered into possession of the land, claiming under the déed of trust executed by Loyd. After Tyson had gone into possession, the land was sold for the taxes of 1874, and purchased by the State, and in 1880 Tyson purchased the same from the auditor of public accounts, and in 1882 sold it to the defendant, Holmes. On December 13, 1884, Martha Eliza McGee, born in 1859, sole surviving heir of Francis M. McGee, deceased, brought an action of ejectment against Holmes to recover possession of this land. On the trial the issue was found for the defendant, and the plaintiff appealed to this court. On the hearing here, the cause was reversed and remanded for the reasons set out in Mo Gee v. Holmes, 63 Miss. 50. On the second trial, from which this appeal is taken, substantially the same facts were shown as in the first instance, but the defendant claimed that he was entitled to judgment for the amount expended by him in improvements and taxes. The plaintiff waived all claim for rents. The court instructed the jury to find for the plaintiff, which was done, and the defendant appealed.

On the trial the defendant, Holmes, testified that he had lived for forty-five years within two miles of the land in controversy; that he had been well acquainted with McGee and knew that he had lived on the land several years; that he knew the youngest child was two or three years of age before the war; that he supposed that it was F. M. McGee’s land and not Mrs. McGee’s land; that he knew that McGee died at the siege of Vicksburg, and that a few years after the war the widow sold the land to Loyd; that he did not know when Tyson got possession of the land; that, knowing the ages of the children, he supposed the tax-title was good; that before he purchased from Tyson he received a letter from W. D. McGee offering to sell him the land for one hundred dollars and make him a good title thereto; that he naturally supposed that W. D. McGee was acting for the McGee heirs; and that none of the improvements were made before receiving this letter.

The court below excluded all evidence in relation to the value of the improvements.

That Holmes claimed the premises under a deed of purchase acquired in good faith there can be no doubt.

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