56 Miss. 727 | Miss. | 1879
delivered the opinion of the court.
The appellants are infants, and the children of two of the defendants in the court below, — C. Johns and wife ; and they are entitled to about one thousand five hundred acres of land, under a deed made by their grandfather to their mother, in trust for them.
In 1875, and in March, 1876, prior to the passage of the revenue law of the last-named year, these lands were sold to the State, for the taxes due thereon. In 1877, the appellee, Smith, became the owner of the title of the State to these lands ; and in December of that year, he entered into an agreement with 0. Johns and wife, by which Johns and wife were allowed to repurchase fourteen hundred acres of said land, provided the sum of $1,500 was paid to him by December 26, 1879. Smith also agreed that he would let their lands for an annual rent, for the years 1878 and 1879, and that he would account for so much of the rent as might be collected by him, as a part of the said sum of $1,500. At the same time, Johns and wife signed an agreement acknowledging that Smith was in possession of the lands, and releasing all their interest in said lands to him.
In pursuance of these agreements, Smith entered into possession of the lands.
The bill further alleges, that the lands had been let by said Smith at so low a rent that the amount to be realized therefrom would be insufficient to pay the said sum of $1,500, necessary to repurchase the lands included in said assessment; that Johns and wife were unable to raise the necessary money; that appellants have no other property except their interest in said lands ; and they are now, and will remain, unable to redeem the same, except by a sale of a portion thereof.
The object of the bill was to procure a decree directing a sale of so much of the land as might be necessary to redeem the whole tract, or to comply with the contract of repurchase made by Johns and wife, and Smith. The appellee, Smith, demurred to the bill upon these, among other, grounds : that there is no equity on the face of the bill, and that it is not within the power of the court to grant the relief sought. The chancellor sustained the-demurrer and dismissed the bill, and the complainants appealed.
The facts stated in the bill present a strong claim for the interposition of a court of equity. Under the statutes as they existed at the time the sale for taxes was made, the appellants were entitled to redeem their land at any time before the expiration of one year after they attained their majority. In the meantime, — that is, during the period intervening the lapse of two years from the date of the sale and the time they should redeem, or validly offer to redeem, — they were not entitled to any rents and profits of the land, and were liable, when they came to redeem, for any valuable improvements made on the land by the purchaser. They were without any other property, and were consequently unable, as they allege, to redeem, except through the means to be derived from the land. As the case stood at
The complainants are entitled to the benefit of the contract
The decree is reversed and the cause remanded, with directions to the chancellor, first, to require satisfactory proof of the inability of the complainants to redeem or repurchase without a sale of a part of the land, and then to cause an inquiry to be made as to which is the most beneficial to the infants, — to allow them to redeem under the statute, or to repurchase under the contract with Smith; and he will elect for them which course to take. As to the one hundred and twenty acres not embraced in the contract of repurchase, the complainants, of course, are only entitled to redeem under the provisions of the statute. In pase the chancellor elect that the contract of repurchase is most beneficial to the infants, an account of the rents will be ordered for the years 1878 and 1879, and Smith will be charged with all the rents which he has received, or might have received by the use of reasonable diligence, and he will be credited with his necessary expenses in letting the land and collecting the rents. A sale of so much of the land will be ordered as may be necessary to secure the rights of the complainants, under the views expressed in this opinion.