Tyler v. Herring
Mississippi Supreme Court
From the circuit court of Attala county. Hon. C. H. Campbell, Judge. Appellee brought this ejectment suit to recover certain land bought by him at trustee’s sale under a trust deed given by appellants to secure a debt due to him by them. The trustee, who lived in another county, was unable on account of sickness to attend and conduct the sale in person, and directed his brother as his agent to make it. This was done, and the trustee ratified the sale and made the deed.
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From the circuit court of Attala county. Hon. C. H. Campbell, Judge. Appellee brought this ejectment suit to recover certain land bought by him at trustee’s sale under a trust deed given by appellants to secure a debt due to him by them. The trustee, who lived in another county, was unable on account of sickness to attend and conduct the sale in person, and directed his brother as his agent to make it. This was done, and the trustee ratified the sale and made the deed. The trustee demanded of appellants the possession of the land before the sale for the purpose of selling, but was refused and…
1Opinion of the CourtCooper, J.
The sale under the deed of trust was not invalid, either because the trustee did not take possession of the land before the sale or for the reason that, the trustee being sick, the land was cried off by a person selected by him, whose act he afterwards ratified and approved.
The provision of the deed of trust that “ upon default of payment of thq debt secured, the trustee shall immediately take possession, and having given notice sell the land conveyed, etc.,” was intended to confer upon the trustee the right of possession, but did not make such taking possession a condition precedent to the…
2Cases cited2 opinions
- Graham v. FittsMississippi Supreme Court · 1876
- Johns v. SergeantMississippi Supreme Court · 1871
3Cited by23 opinions
- McCaughn v. YoungMississippi Supreme Court · 1904
- Frazier v. JeakinsSupreme Court of Kansas · 1902
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Naugher v. SparksSupreme Court of Alabama · 1895
- New Orleans G.N.R. Co. v. WaldenMississippi Supreme Court · 1931
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