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71 Miss. 22

Cohea v. Hemingway

Mississippi Supreme Court

Decided October 15, 1893

Mississippi Supreme Court · decided 1893-10-15

From the circuit court of the first district of Hinds county. C. M. Williamson, Esq., Special Judge. Perry Cohea died, leaving an estate, consisting in part of lauds in the city of Jackson. He devised all of his estate, and there were three executors of his will. Two died and the other resigned. In 1872, W. B. Jelks was appointed administrator with the will annexed. He was a grandson of Cohea, and, as devisee, was entitled to an undivided one-fifteenth interest in the estate.

Cited by 9 later decisions — most recently October 1957

9 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1893-10-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The conveyance to Hemingway by Jelks was not in execu*26tion of the power of sale he had as administrator de bonis non cum testamento annexo of Perry Cohea, and cannot be referred to that, for he had individually an interest in the land conveyed, and could and did convey that; and, as he made no reference in any way to his representative character, or executing the power he had in that capacity, his conveyance cannot be referred to or connected with that. Yates v. Clark, 56 Miss., 212.

¶3By his purchase he became co-tenant with fourteen others (plaintiffs), and, in purchasing the tax-title from Buckley, merely extinguished it for the benefit of all the owners, and the extent of his right as to this is to charge the cost on the common property.

¶4That he was not in possession does not make any differerence. A co-owner, whether in or out of possession, may not buy and hold a tax-title against other co-tenants.

¶5Reversed and remanded.

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