Lynchburg Shoe Co. v. Castleman
Mississippi Supreme Court
Appeal from the chancery court of Washington county- Hon. E. N. Thomas, Chancellor. Suit by the Lynchburg Shoe Company against Pauline Castleman and others. Prom the judgment rendered, plaintiff appeals. The facts are fully stated in the" opinion of the court. Section 2821, applies and the sale is void.
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Appeal from the chancery court of Washington county- Hon. E. N. Thomas, Chancellor. Suit by the Lynchburg Shoe Company against Pauline Castleman and others. Prom the judgment rendered, plaintiff appeals. The facts are fully stated in the" opinion of the court. Section 2821, applies and the sale is void. This section of the Code provides that if the mortgage or trustee deed be silent in its grant of powers, then the powers shall be carried out as if the sale were being conducted by the sheriff. The section of the Code is quoted here for convenience. If a deed of trust or mortgage, with power…
1Opinion of the CourtStevens, J.
One point presented on this appeal — that is, the sufficiency of the publication of the notice of the trustee's sale under which appellees claim title — is controlled and disposed of by the opinion in the companion case of J. Albert Lake et al. v. Pauline Castleman, 76 So. 877, No. 19796. The issue in this case was presented by a bill of complaint exhibited by appellant, the Lynch-burg Shoe Company, against appellees, Pauline Castle-man, Solomon and Frieda-Davidow, N. W. Sumrall, and others, to set aside the foreclosure of a deed of trust under which appellee Mrs. Castleman claims. The *196bill…
2Cases cited2 opinions
- Goodman v. Durant Building & Loan Ass'nMississippi Supreme Court · 1893
- Lake v. CastlemanMississippi Supreme Court · 1917
3Cited by2 opinions
- Gardner v. State of Miss.Mississippi Supreme Court · 1959
- Cook v. TaylorMississippi Supreme Court · 1946