Anglin v. Broadnax
Anglin v. Broadnax
Opinion of the Court
Under our statutes and decisions, the deed of Eebeeca Dunn, dowress, executed on the 28th day of November, 1865, was effective to convey just the title she had, no more, and no less. It is utterly immaterial what she attempted to convey, or that the deed purported to convey the whole fee simple. Her grantee stood exactly in her shoes as to this complainant, and this complainant never had a right of action until the death of Eebeeca- Dunn in 1893. This has -long been the established law of this state on the state of facts in this record. The complainant was not barred by the ten-year statute of limitations. See Lyebrook v. Hall, 73 Miss. 509, 19 South. 348; Harvey v. Briggs, 68 Miss. 60, 8 South. 274, 10 L. R. A. 62; Griffin v. Sheffield, 38 Miss. 359, 77 Am. Dec. 646. The distinction ingeniously sought to be drawn between these cases and the case at bar is not maintainable.
The above opinion is adopted as the opinion of the court, and, for the reasons therein stated, the decree is reversed, and the cause remanded.
Reference
- Full Case Name
- Sarah A. Anglin v. Claudia A. Broadnax
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Dower. • Conveyance in fee by widow. Grantee’s possession. When becomes adverse. Remainderman’s right of action. A widow, having a dower in land, can convey only her life estate therein, and her grantee taking possession under her does not hold adversely to the remaindermen until after her death, although her deed purports to convey the fee. 2. Same. Statute of limitations. Infancy. Code 1857, p. 398, art. 1; Code 1871, § 2147; Code 1880, § 2664; Code 1892, § 2730; Code 1906, § 3090. Where a dowress assumed to convey the lands in fee and her grantee took possession under her, and at her death the remainder-man was an infant, his cause of action for recovery of the land • did not accrue until her death, and was not barred before the expiration of ten years after he reached majority, under Code 1857, p. 398, art. 1; Code 1871, § 2147; Code 1880, § 2664; Code 1892, § 2730; Code 1906, § 3090, providing a statute of limitations against suits for. the recovery of land.