It is provided by statute 56 that no person can recover real estate in an action of ejectment unless he has the right to recover the possession thereof at the time of the trial. Under the decisions where the vendee is entitled to possession of the real estate the vendor can not maintain ejectment against any stranger or intruder who secures possession of the real estate covered by the contract between the vendor and advances expended to fortify the title. At the same time it will rebuke every attempt by the purchaser to betray or invalidate the title." Kirkpatrick v. Miller, 50 Miss. 527.

"A vendee under articles may set up an outstanding title not in himself, but when he buys such title, he is trustee of his vendor, and is entitled only to what he paid to perfect the title." Stephens v. Black, 77 Pa. 138.

"A vendee in possession under a contract of sale can not retain possession and avoid payment of the balance of the purchase money on the ground that the vendor can not make as good a title as agreed. Before he can avail himself of such defense he must offer to rescind the contract." Peay v. Capps, 27 Ark. 160.

"A vendee, continuing to hold the possession of land to which his vendor admitted him, cannot acquire an adverse title and set it up against his vendor." Cromwell v. Craft, 47 Miss. 44.

"While a vendee remains in possession he is estopped from denying the plaintiff's title, whether it is good or bad." Mitchell v. Chls-holm, 57 Minn. 148; 144 Mich. pp. 358-359.

53. Gates Real Property, Sec. 608.

54. Gates Real Property, Sec. 60S.

55. Gates Real Property, Sec. 608.

56. Compiled Laws (1915), Sec. 13170.

vendee, as such right, together with possession, rests with the vendee.57