Samuel Blatchford

“ The present case has an analogy to that of a purchaser at a foreclosure sale, who makes valuable improvements in the belief that he has acquired an absolute title. He is entitled to be paid for them if the premises are redeemed. 2 Jones, Mortg. § 428. Where a party lawfully in possession under a defective title makes permanent improvements, if relief is asked in equity by the true owner, he will be compelled to allow for such improvements. ”

“ Partee, that, under the will of Dick, from whom the property was derived, there was an annuity of $1,000 to be paid to one Todd during his life-time. The only effect of the omission to make Bowman a party to the suit, was to leave the title of a purchaser under the decree in the suit subject to the right of the appellants, as junior incumbrancers, to contest the validity of the prior lien, and to redeem the property. ”

“ This court held that, notwithstanding the provision in regard to an acceptance in writing of the terms of the deed, the appellants were entitled to its full benefits, and that the judgment of Stewart was a nullity as respected Mrs. Partee, who was the debtor to Stewart and was the owner of the lands covered by the deed of trust. This court reversed the decree below and remanded the cause for further proceedings, in April, 1879. ”

“ Partee, and decrees that the plantation stand charged with the payment of that amount, against all liens created thereon by the defendants in the suit since the death of Dick. The decree adjudges, it is true, that the defendants pay to the plaintiff the sum so found due, within 30 days, and that, in default thereof, enough of the plantation be sold to pay such sum. But no execution is awarded against the defendants as on a personal judgment, nor is there any provision for a decree for a deficiency. ”

“ Two of these notes came to be owned by Joseph P. Benson, and two by Charles C. Ewing, as administrator of S. S. Ewing, and they, with holders of others of the notes, brought a suit in equity, in August, 1876, in the chancery court of Yazoo county, to foreclose said trust deed. A decree of sale was made in January, 1877, and the said Benson and Ewing and one Robert G. Hudson purchased the lands at the sale, in February, 1877. On July 3, 1877, Benson conveyed to Ewing and Hudson all his interest in the plantations. They are the appellees in this appeal. ”

“ On the twenty-fourth of November, 1881, the commissioners made their report. It is set forth in the record, but the account annexed to it and the testimony taken by the commissioners are not set forth. ”

“ The deed of the sheriff to James D. Partee, on the sale under the Stewart judgment, was made January 4, 1869, the judgment having been recovered June 6, 1866. The land so conveyed to James D. Partee was in quantity equal to five and one-eighth sections, and was all in township 9, of range 4 W., in Yazoo county, embracing land in seven different sections. ”

“ It then proceeds: 'I have examined and re-examined the account filed by the defendants, and have maturely considered the testimony on both sides, and have arrived at conclusions which I am satisfied meet the equities on both sides as nearly as can reasonably be reached.' It then states conclusions of fact on which the rent for 1877 is fixed at $1,000. It then sets forth certain improvements which the defendants made in 1878, and states that they charge therefor $3,199.37, claiming that these improvements were necessary, and enhanced the rental value of the premises ”