Collier v. King, 43275
| Decision Date | 18 January 1965 |
| Docket Number | No. 43275,43275 |
| Citation | 251 Miss. 607,170 So.2d 632 |
| Parties | Harvey COLLIER v. Oscar KING. |
| Court | Mississippi Supreme Court |
Bernard W. N. Chill, Jackson, John C. McLaurin, Brandon, for appellant.
McIntyre & McIntyre, Brandon, for appellee.
On February 12, 1949, Armetta Collier Watts conveyed the 20 acres of land involved in this suit to Harvey Collier, reserving unto herself a life estate. Harvey Collier had this deed duly recorded on February 14, 1949. He regarded this deed as a will but knew that he would get the property upon the death of Armetta Collier Watts. On March 8, 1957, Armetta Collier Watts executed a warranty deed to H. P. King (no relation to Oscar King), purporting to convey a fee simple title to the 20 acres of land.
Harvey Collier and Oscar King both lived near the 20 acres of land in question and had been neighbors for over thirty years. During the year 1958, Oscar King became interested in the 20 acres of land involved in this suit and went to see Harvey Collier. Collier told Oscar King that the property was owned by H. P. King, who lived at Pelahatchie, but made no mention whatever of his remainder interest in the land. Oscar King got in touch with H. P. King but they did not agree on the price at that time. Later on, approximately one year later, on May 16, 1959, Oscar King and H. P. King agreed on a price of $600 and H. P. King executed to Oscar King a warranty deed purporting to convey the fee simple title to the 20 acres of land. Shortly thereafter, Oscar King began construction of a residence on the 20 acres of land. Harvey Collier's house was within about 400 yards of the 20 acres and he observed the construction of the house by Oscar King from day to day. The total cost of the house was in excess of $7,000. Oscar King did not have the title examined when he purchased the land or at any other time.
A few weeks after Armetta Collier Watts' death on January 31, 1963, Harvey Collier notified Oscar King that he, Collier, owned the property. Collier then filed this suit seeking cancellation of Oscar King's claim to the land.
The issues for consideration by the chancellor raised by the original bill of Harvey Collier and the answer and cross-bill of Oscar King were: (1) Whether the claim of Oscar King to the land should be cancelled; (2) whether Harvey Collier was estopped from claiming his legal interest in the land by reason of having misled Oscar King; and (3) whether Oscar King was entitled to a lien on the land for the sums expended by him in improving the property by building the house thereon.
The chancellor found that the deed from Armetta Collier Watts to Harvey Collier dated February 12, 1949, vested in Harvey Collier the fee simple title subject only to the life estate reserved by her, which life estate she subsequently conveyed to H. P. King, and which H. P. King conveyed to Oscar King. He found further that Harvey Collier had misled Oscar King into purchasing the property and building a house thereon; and that in good faith Oscar King thought he had a fee simple title. The final decree confirmed title in Harvey Collier subject to a lien for $7,000 in favor of Oscar King. Being aggrieved at this decree, Harvey Collier appealed and contends that he was entitled to a decree cancelling all claims of Oscar King and that the court erred in fixing a lien upon the land in favor of Oscar King for $7,000.
The principal question for our decision is whether the court erred in impressing a lien upon the property in favor of Oscar King. A subsidiary question is whether the court should have impressed a lien on the whole 20 acres, or whether the lien should have been limited to the house and curtilage.
The rule is well established in...
To continue reading
Request your trial
-
Mills v. Damson Oil Corp.
...relies on Crooker v. Hollingsworth, 210 Miss. 636, 46 So.2d 541 (1950); Quates v. Griffin, 239 So.2d 803 (Miss.1970); Collier v. King, 251 Miss. 607, 170 So.2d 632 (1965); Craft v. Everett, 237 Miss. 360, 115 So.2d 133 (1959); Roberts v. Bookout, 162 Miss. 676, 139 So. 175 (1932); and Meyer......
-
Quates v. Griffin
...the state of the title of the property in question constitutes negligence on his part. * * * Similarly, in Collier v. King, 251 Miss. 607, 611, 170 So.2d 632, 634 (1965), this principle was And equity will not, on the mere ground of silence, relieve one who is perfectly acquainted with his ......
-
Vincent v. Griffin
...of Davis, 510 So.2d 798, 800 (Miss.1987)); Hoskins v. Howard, 214 Miss. 481, 497, 59 So.2d 263, 269 (1952); cf. Collier v. King, 251 Miss. 607, 611, 170 So.2d 632, 634 (1965) ("[E]quity will not, on the mere ground of silence, relieve one who is perfectly acquainted with his rights, or has ......
-
Hewlett v. Henderson
...contends the doctrine of unjust enrichment was erroneously applied in the case sub judice. Appellant relies on Collier v. King, 251 Miss. 607, 170 So.2d 632 (1965), wherein this Court And equity will not, on the mere ground of silence, relieve one who is perfectly acquainted with his rights......