Watson v. Perkins
Mississippi Supreme Court
Prom the chancery court of Lowndes county. Hon. James P. McOoon, Chancellor. Mrs. Perkins, the appellee, was complainant in the court below; Watson and others, appellants, were defendants there. Prom a decree in complainant’s favor the defendants appealed to the supreme court. In 1891 Mrs. Perkins, the appellee, was the owner of lands in Lowndes county.
Read the full summary
Prom the chancery court of Lowndes county. Hon. James P. McOoon, Chancellor. Mrs. Perkins, the appellee, was complainant in the court below; Watson and others, appellants, were defendants there. Prom a decree in complainant’s favor the defendants appealed to the supreme court. In 1891 Mrs. Perkins, the appellee, was the owner of lands in Lowndes county. On Pebruary 14 of that year, she exe- • euted a deed of trust on said lands in favor of the Union Mortgage, Banking & Trust Company, in which one W. G. Wheeler was named as trustee. This deed of trust contained, a provision as follows: “In the…
1Opinion of the Court
Harper, Sp. J\,
delivered the opinion of the- court.*
The deed of trust under which the sale now under consideration was made provided that the holder of the secured notes should' have the power to appoint a substituted trustee. This record shows that the holder of these notes, the Hnion Mortgage Company, did not undertake to appoint the substituted trustee who made this sale, but that he was appointed by one Ingraham, who purported to act as an attorney in fact for that company. But since such power of appointment has been held to be purely personal, and one that cannot be delegated, the…
2Cases cited5 opinions
- Allen v. Alliance Trust Co.Mississippi Supreme Court · 1904
- Carey v. FulmerMississippi Supreme Court · 1897
- Sharpley v. PlantMississippi Supreme Court · 1901
- Hartley v. O'BrienMississippi Supreme Court · 1893
- National Mutual Building & Loan Ass'n v. HoustonMississippi Supreme Court · 1902
3Cited by13 opinions
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Michael v. CrawfordTexas Supreme Court · 1917
- Rea v. O'BannonMississippi Supreme Court · 1935
- Dillon v. ElmoreIllinois Supreme Court · 1935
- Gulf & S. I. R. Co. v. Laurel Oil & Fertilizer Co.Mississippi Supreme Court · 1935
8 more not listed; retrieve them via the Exa API.