Vaughn v. Powell
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. On January IT, 1882, Plummer Yaughan executed a deed ■of trust for the benefit of Henry Powell on a certain tract of land, which was his homestead, the personal property thereon, and the crop to be grown thereon during the year 1882. The wife of the grantor, Angelina Yaughan, joined in this deed.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. On January IT, 1882, Plummer Yaughan executed a deed ■of trust for the benefit of Henry Powell on a certain tract of land, which was his homestead, the personal property thereon, and the crop to be grown thereon during the year 1882. The wife of the grantor, Angelina Yaughan, joined in this deed. The -consideration, as therein recited, was an indebtedness of $1100 of Yaughan to Powell, as evidenced by the promissory note of the former, due on the first of January, 1883. The deed contains a provision as follows: “…
1Opinion of the CourtCampbell, J.
We agree with the chancellor in his conclusion against the complainants as to the debt due to Powell; and that Plummer Vaughan had th^ right to devote his cotton, encumbered by the deed of trust, to payment for supplies; and that his wife had no claim inviolable, as against his act, to have the cotton aj>plied to the debt secured by the deed of trust.
Taking possession of the land or demanding it was not a condition precedent to the exercise of the power of sale. It was authorized, but not required by the deed of trust. Kiley v. Brewster, 44 Ill., 186. The contrary view of the Supreme Court of…
2Cases cited1 opinion
- Kiley v. BrewsterIllinois Supreme Court · 1867
3Cited by4 opinions
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- Williams v. DreyfusMississippi Supreme Court · 1901
- Cromartie v. WeaverSupreme Court of Georgia · 1912
- Texas Pacific Coal & Oil Co. v. MulvihillMississippi Supreme Court · 1946