82 Miss. 607 | Miss. | 1903
delivered the opinion of the court.
The true principle to be deduced from the authorities is that, where one tenant in common makes a conveyance by specific metes and bounds of a part of the common estate, such deed is voidable in so far forth as it operates to the prejudice of his cotenants, at their election, but will convey the interest of the grantor in the parcels specifically conveyed, as against the grantor, and if, in the subsequent partition, the particular tract thus conveyed by metes and bounds should be assigned to the cotenant conveying, the title will inure, by virtue of the doc-; trine of estoppel, to his grantee. The limitation is always strictly observed, that such deed shall not be permitted to operate to the prejudice of the cotenants of the grantor. There is one authority cited — Young v. Edwards (S. C.), 11 S. E., 1066, 10 L. R. A., 55, 26 Am. St. Rep., 689 —which holds that in such ease the deed shall operate to convey to the granteq not simply the interest of the grantor in the lands specifically conveyed by metes and bounds, but the entire interest of the grantor in the whole tract, provided, however, the land so com veyed by metes and bounds does not exceed, either in area or
Affirmed.