Holmes v. McGee

Mississippi Supreme Court
Holmes v. McGee, 64 Miss. 129 (Miss. 1886)
Campbell

Holmes v. McGee

Opinion of the Court

Campbell, J\,

delivered the opinion of the court.

That the appellee is entitled to recover the land sued for was settled by the decision of this court on the former appeal in this case. It was then held that the purchase of the land from the State was not available to defeat the title of the appellee, and operated merely as a redemption of the land. There is nothing in the record to change this view.

On his own testimony the appellant was not a bona fide holder of the land so as to entitle him to compensation for improvements under § 2512 of the Code of 1880. When he purchased and made the improvements he knew all the facts about the title. True, he thought the tax-title was good and sufficient to defeat the claim of the McGee heirs. In this he was mistaken, and as he knew the facts and mistook the law, the sincerity of his erroneous belief is not sufficient to bring him within Cole v. Johnson, 53 Miss. 94.

The court rightly instructed the jury to find against the appellant. Affirmed.

Reference

Full Case Name
John C. Holmes v. M. E. McGee
Cited By
4 cases
Status
Published
Syllabus
Ejectment. Improvements. Bona fide purchaser. Section 25X2, Code of 1880, construed. A defendant in ejectment, ■who at the time' he purchased and made improvements on the land in controversy knew all the facts about an outstanding valid title, but in good faith mistook the law in reference thereto, is not such a bona fide purchaser as to entitle him to compensation for such improvements under § 2512, Code of 1880, which provides that no defendant in ejectment shall be entitled to compensation for improvements “ unless he shall claim the premises under some deed or contract of purchase made or acquired in good faith.”