Bradley v. Villere

Mississippi Supreme Court April 15, 1889

Bradley v. Villere, 66 Miss. 399 (Miss. 1889)

6 So. 208

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

If it be true that § 18, art. xii, of the constitution, operates to annul all sales of land by virtue of decrees of courts, where the *402lauds are not divided into tracts not to exceed one hundred and sixty acres, it is certain that § 2693 of the code is as broad and comprehensive as to the sales it embraces as the constitutional provision referred to, and applies its beneficent cure to sales without regard to what makes them void.

. The argument that good faith is not predicable of a sale made in disregard of the constitutional requirement is not sound, for in this respect there is no difference between a sale avoided by a disregard of the constitution and one made void by want of conformity to a cqnstitutional law. The latter is as obligatory as the former. The only difference is that the constitution cannot be abrogated by the legislature, while a law may be, but as long as a statute is unrepealed it is as binding as the fundamental law.

Affirmed.

Reference

Full Case Name: Rulura Bradley v. Omer Villere
Cited By: 7 cases
Status: Published
Syllabus: 1. Limitation of Actions. Property sold by order of chancery court. Góde 1880, § 2693. . ' This section provides as follows: “No action shall be brought to recover any property hereafter sold by order of a chancery court, where the sale, is in good faith, and the purchase-money paid, unless brought within two years after possession taken by the purchaser under such sale of such property.” 2. Sai.es in Violation of Constitution. The above section of the code applies as well to sales made in disregard of the constitution as to those made in disregard of statutes. Therefore, if land be sold under order of a chancery court, in tracts exceeding one hundred and sixty acres, suit to recover the same must be brought within two years, notwithstanding such sales are violative of {¡ 18, art. xii, of the constitution. 3. Sai.es in Bad Faith : What Abb Not. No difference between constitutional and statutory requirement. Bad faith cannot be imputed to such a sale merely because made in disregard of the constitutional requirement. In this respect there is no differ; ence between a sale avoided by a disregard of the constitution, and one made void by want of conformity to a statute. A valid statute is as binding as the fundamental law.