Lesage v. Switzer

Hatcher, Judge:

Sale of property under a deed of trust executed by Mary E. LeSage, Anna H. LeSage and their respective husbands (hereinafter referred to as plaintiffs) in 1909 to secure a note was not attempted until 1934. This suit was brought by the plaintiffs to enjoin the sale on the sole ground that all rights under the deed had been extinguished by Acts 1921, chapter 65, amended and reenacted in Code 1931, 55-2-5. The circuit court dismissed the bill, and the plaintiffs appealed.

The part of the Act of 1921 pertinent here follows: “No lien, reserved on the face of any conveyance of real…