White v. Jenkins
Mississippi Supreme Court
From the chancery court of Lowndes county. Hon. Adam M. Byrd, Chancellor. Jenkins, the appellee, was complainant in the court below; White and others, appellants, were defendants there. The complainant claimed to own an undivided one-half interest in the lands in controversy by virtue of a purchase at a sale made in 1898, by a substituted trustee, under two deeds of trust, executed in March, 1886, and March, 1892, respectively.
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From the chancery court of Lowndes county. Hon. Adam M. Byrd, Chancellor. Jenkins, the appellee, was complainant in the court below; White and others, appellants, were defendants there. The complainant claimed to own an undivided one-half interest in the lands in controversy by virtue of a purchase at a sale made in 1898, by a substituted trustee, under two deeds of trust, executed in March, 1886, and March, 1892, respectively. The record fails to show that the substitution of the trustee, in either deed, was made of record. The bill sought partition of the lands and an accounting for rents.…
1Opinion of the CourtWhitfield, C. J.
The appellee’s whole claim depends upon the validity of the sales under the two trust deeds, and it is clear that the substi*58tution of O’Neill as trustee in both trust deeds occurred after the adoption of the act of 1896 (Laws 1896, p. 105), in the year 1898, was governed by that law, and, not complying with it, was invalid. The sales were void, because the substitution of the trustee in both instances was not recorded as required by said act. It may be added that there is no substitution, even in writing, of O’Neill for McQuinton in the trust deed executed in 1892, so far as this record…
2Cited by3 opinions
- Provine v. ThorntonMississippi Supreme Court · 1908
- Camp v. Celtic Land & Improvement Co.Mississippi Supreme Court · 1922
- White v. StennisMississippi Supreme Court · 1928