Smith v. McWhorter
Mississippi Supreme Court
From the chancery court of Lauderdale county. Mrs. E. N. McWhorter died in 1893 owning, subject to the deed of trust next herein mentioned, the lands in controversy. In 1892 Mrs. McWhorter and her husband executed a deed of trust on the lands to secure a debt due to Chiles & Walker.
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From the chancery court of Lauderdale county. Mrs. E. N. McWhorter died in 1893 owning, subject to the deed of trust next herein mentioned, the lands in controversy. In 1892 Mrs. McWhorter and her husband executed a deed of trust on the lands to secure a debt due to Chiles & Walker. A sale was made under the deed in November, 1893, after Mrs. McWhorter’s death, and the lands were purchased by Mona McWhorter, one of the heirs of the decedent, she and her coheirs residing at the time on the land. Afterwards, Mona McWhorter and D. O. McWhorter, the husband, and an heir of the decedent, executed…
1Opinion of the CourtCooper, C. J.
By reason of her connection with the appellees as tenants in common of the lands sought to be divided, Miss Mona Mc-Whorter ought not, under the circumstances disclosed, to be permitted to hold, title to the land under her purchase at the trustee’s sale. But the appellees are, in our opinion, precluded from asserting their rights as against the appellant, Smith. That he was a bona,fide incumbrancer of the land,at the time the bill was exhibited seems clear. It was exhibited the day before the sale under the deed of trust was advertised to be made, and though no reference to the incumbrance is…
2Cited by10 opinions
- Ayers v. PetroMississippi Supreme Court · 1982
- Barksdale v. LearnardMississippi Supreme Court · 1916
- Wyatt v. WyattMississippi Supreme Court · 1902
- Beaman v. BeamanMississippi Supreme Court · 1907
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
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