61 Miss. 372 | Miss. | 1883
delivered the opinion of the court.
The question which underlies this case as agreed by both par
2. The present holders of the land cannot set up now the defense of innocent purchasers without notice for several reasons: (1) The bill which is demurred' to alleges that they had actual notice; (2) the defense, if available at all, must be pleaded; (3) tracing title, as they must, through the residuary clause of the will, they are bound by it and its legal meaning.
3. Neither can they set up by demurrer the fact that the annu
Decree reversed, demurrer overruled, and sixty days given to answer.