Williams v. Dreyfus
Mississippi Supreme Court
From the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. Williams and others, appellants, were the complainants in the court below; Dreyfus and others, appellees, were defendants there. The defendants claimed the land in controversy under a deed to them made by a trustee in pursuance of a sale under a deed of trust executed by complainants’ ancestor, under whom appellants claimed by inheritance.
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From the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. Williams and others, appellants, were the complainants in the court below; Dreyfus and others, appellees, were defendants there. The defendants claimed the land in controversy under a deed to them made by a trustee in pursuance of a sale under a deed of trust executed by complainants’ ancestor, under whom appellants claimed by inheritance. The object of the suit was to cancel defendant’s deed from the trustee. The nature of the controversy is apparent from the opinion of the court. The question presented…
1Opinion of the CourtCalhooN, J.
The trust deed provides that, ‘£ if default is made in payment, the trustee shall take possession of said property, and, having given thirty days’ notice of the time, place and terms of sale, by posting, ’ ’ etc., ‘ ‘ sell said property for cash at public auction at Jackson or any suitable place.” We conclude, and so hold, that the instrument is not 1 ‘ silent as to the place and terms of sale and mode of advertising, ’ ’ and that, therefore, code 1892, § 2484, providing that, in case of such silence, the sale shall be upon the notice and at the time and place of sheriff’s sales, does not…
2Cases cited3 opinions
- Tyler v. HerringMississippi Supreme Court · 1889
- Vaughn v. PowellMississippi Supreme Court · 1888
- Hamilton v. HalpinMississippi Supreme Court · 1890
3Cited by4 opinions
- First Nat. Bank of Opp v. BolesSupreme Court of Alabama · 1936
- Melsheimer v. McKnightMississippi Supreme Court · 1908
- Cook v. TaylorMississippi Supreme Court · 1946
- Cromartie v. WeaverSupreme Court of Georgia · 1912