United States Supreme Court Cases & Opinions

U.S. Supreme Court

Clay v. Field, 115 U.S. 260 (1885)

Clay v. Field

Submitted October 19, 1885

Decided November 2, 1885

115 U.S. 260

Syllabus

The Mississippi Code of 1871, § 2173, by which any action to recover property because of the invalidity of an administrator's sale by order of a probate court, must be brought within one year "if such sale shall have been made in good faith and the purchase money paid," does not apply to an action brought by the heir to recover land bid off by a creditor at such a sale for the payment of his debt, and conveyed to him by the administrator and not otherwise paid for than by giving the administrator a receipt for the amount of the bid.

Under the Mississippi Code of 1880, §§ 2506, 2512, a tenant in common who has been ousted by his cotenant may maintain ejectment against him, and recover rents and profits in the same action.

The facts are stated in the opinion of the Court.