Lake v. Castleman
Mississippi Supreme Court
Appeal from the chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Suit by Pauline Castleman against J. Albert Lake and others. Prom the decree rendered, Lake and others appeal. The facts are fully stated in the opinion of the court. The bill was one to cancel and remove the alleged cloud upon title of appellee and to enjoin further foreclosure by appellants of their junior deed of trust.
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Appeal from the chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Suit by Pauline Castleman against J. Albert Lake and others. Prom the decree rendered, Lake and others appeal. The facts are fully stated in the opinion of the court. The bill was one to cancel and remove the alleged cloud upon title of appellee and to enjoin further foreclosure by appellants of their junior deed of trust. In proceeding to advertise for such foreclosure, it was the theory of the appellants that the two sales by Cashin, Substituted Trustee, were void because the notices of sales were not…
1Opinion of the CourtStevens, J.
This appeal presents one narrow technical point. Appellee, Mrs. Castleman, was a purchaser of the real estate at a foreclosure sale made by the trustee under'two certain deeds of trust; one sale being made on July 31, 1914, and the other November 2, 1914. It is appellants’ contention that the trustee did not advertise • for the time required by the provisions of the deeds of trust and section 2772, Code of 1906. The sales were upheld by the chancellor, and his decree made perpetual an injunction at the suit of appellee, seeking to restrain a sale under a junior lien, and confirmed appellee’s…
2Cases cited2 opinions
- Weston v. Hancock CountyMississippi Supreme Court · 1910
- McMahan v. American Building & Loan & Tontine Savings Ass'nMississippi Supreme Court · 1898
3Cited by4 opinions
- Maris v. LindseyMississippi Supreme Court · 1920
- Planters Mercantile Co. v. BraxtonMississippi Supreme Court · 1919
- Smith v. DeasMississippi Supreme Court · 1930
- Lynchburg Shoe Co. v. CastlemanMississippi Supreme Court · 1917