Leavenworth v. Lloyd
Leavenworth v. Lloyd
Opinion of the Court
The appellant, Miss Mattie L. Leavenworth, was complainant in the court below and filed her hill against Edward C. Lloyd, George Leavenworth, State of Mississippi, and numerous other persons not necessary to mention herein, seeking a confirmation of her title to
The record shows that complainant acquired this land, together with a number of other tracts, by deeds from her brother George Leavenworth on September 22, 1930. In 1932 the land was assessed as follows: “House and lot 147 x 295 ft. North side R. R. per DB 57, P 588, Sec. 19, T. 7, Range 8”; under the same description it was sold to the State in 1933 for the unpaid 1932 taxes, and on July 26, 1941, George Leavenworth obtained a forfeited tax land patent from the State under the same description.
On July 20, 1951, George Leavenworth entered into a contract of sale with Edward C. Lloyd whereby he agreed to sell to the said Lloyd at a price of $12.50 per foot the land situated in Jackson County, Mississippi, described as “1 parcel real estate located on N. S. of the L. & N.
The State of Mississippi filed an answer neither admitting nor denying the allegations of the bill but admitting that complainant would be entitled to the relief prayed for provided the allegations as to the tax sale were proven by competent and admissible evidence, but that if she failed to sustain the allegations as to the invalidity of said tax sale then she would not be entitled to any relief prayed for. The State also agreed in its answer that the cause might be heard at any time, either in term time or vacation, agreeable to the complainant and the court.
Edward C. Lloyd filed an answer and cross-bill against the complainant and against George Leavenworth and subsequently filed two amended answers and cross-bills against the same parties. George Leavenworth and the complainant both filed answers to the cross-bill. The other named defendants did not answer the original bill and a decree was entered against them from which no appeal is taken.
George Leavenworth testified when called for cross-examination as an adverse witness that he signed the contract with Lloyd while under the erroneous impression that the property belonged to him and that he did not realize either at that time or when he applied for and obtained the State patent that it was his sister Mattie’s property. George also testified that he lives in Biloxi and his sister lives in Missouri and that he has
After considerable delay of the case by continuances, one of Lloyd’s attorneys became chancellor the district in which Jackson County is located and he accordingly recused himself and the Governor appointed a special chancellor to try the case.
The special chancellor found and decreed that Mattie L. Leavenworth is the true and lawful owner of the land described in the bill and her title thereto was confirmed as against all of the defendants but subject to the agreement made by her brother George with Edward C. Lloyd on July 20, 1951. The court found and decreed that George Leavenworth, the brother of Miss Mattie L. Leavenworth, on July 20, 1951, was acting for and on behalf of his sister as her agent with the authority and power to sell and convey her property under, an arrangement with her, whereby she would execute any deeds sent her for the sale of property arranged by her brother. In the decree the special chancellor allowed Edward C. Lloyd thirty days from the date thereof within which to pay to the clerk of the court the agreed purchase price of said land and decreed that upon such payment the complainant and cross-defendant Mattie L. Leavenworth should execute and deliver to the said Lloyd a good and valid deed conveying said land to the said Lloyd. From that decree Mattie L. Leavenworth appeals.
We are further of the opinion that the chancellor’s decree in holding that George Leavenworth was acting for and on behalf of his sister in making the contract and in upholding the validity of said contract was clearly erroneous and in the teeth of the Statute of Frauds, Section 264, Code of 1942, which provides in part: “An action shall not be brought whereby to charge a defendant or other party * * * (c) Upon any contract for the sale of lands, tenements, or hereditaments, or the
It is undisputed in this case that George Leavenworth had no written authorization whatsoever to represent his sister in the making of the contract with Lloyd. In fact nowhere in said contract did he even purport to represent her. Her name is not mentioned therein and no name is mentioned as a proposed seller except George Leavenworth. We think the case of Paine v. Mikell, 187 Miss. 125, 192 So. 15, is directly in point. In that case a real estate agent, without any written authority whatsoever from the owner, and without mentioning the name of the owner, entered into a written contract to sell certain land, and this Court held that the alleged contract of sale was insufficient under the Statute of Frauds to obligate the owner to convey the land to the proposed purchaser. The evidence in this case shows that on several occasions George had obtained offers on lands of his sister and that in each instance the offer was submitted to her and approved by her and she executed the deeds pursuant to her acceptance of the offer. Under the statute and our decisions George had no lawful authority to make a contract which was binding on his sister. The decree of the lower court must therefore be reversed and a judgment here entered in favor of the appellant.
Reversed and judgment here.
Reference
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- Leavenworth v. Lloyd.
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- Syllabus
- 1. Taxation — assessments — wholly erroneous reference to deed book and page contained in description under which land was assessed — sold to State and conveyed by State under forfeited tax land patent — as not furnishing clue. Wholly erroneous reference deed book and page contained in description under which land was assessed for taxes, sold to State for unpaid taxes, and conveyed by State by forfeited tax land patent was of no assistance whatsoever in determining what land was intended to be assessed, sold and conveyed.Page 881 2. Taxation — same — same — erroneous description — assessments — sale — forfeited tax land patent — invalid. Where such land was otherwise described merely as a house and lot, 147 by 295 feet, on north side of railroad, in specified section, township and range, such tax sale and patent were invalid for insufficiency of description. 3. Taxation — assessments — description — in order to be valid. A tax assessment in order to be valid must contain a description of the property assessed sufficient on its face or point to where such information may be obtained. 4. Frauds, Statute of — contract for sale of lands signed by owner's brother — invalid without authorization in writing. Written contract for sale of land, signed by owner's brother as purported vendor, without authorization in writing to represent owner in the making of such contract, was unenforceable against owner under Statute of Frauds. Sec. 264, Code 1942. 5. Principal and agent — contract for sale of lands signed by owner's brother — evidence failed to establish brother's lawful authority to make such contract. In suit to confirm title to land as against would-be purchaser under written contract for sale of such land signed by owner's brother as vendor, evidence established that brother had no lawful authority to make a contract for sale of such land binding upon owner, though brother had previously obtained offers for purchase of other lands belonging to owner, where offers previously obtained had been approved by owner and she had executed deeds conveying such lands pursuant to her acceptance of such offers. Sec. 264, Code 1942. Headnotes as approved by Hall, J.