Harlow v. Mister
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. M. K. Mister was not a party to the suit, although the trust-deed under which the complainant was proceeding constituted him trustee.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The case is stated in the opinion of the court. M. K. Mister was not a party to the suit, although the trust-deed under which the complainant was proceeding constituted him trustee. The trustee in whom is the legal title under a trust-deed to secure debts is a necessary party to a bill by a creditor or cestui que trust to subject the property to the payment of the debt; Hill v. Boylan, 40 Miss. 618-640; 2 Spence’s Eq. Jurisdiction, § 708, p. 706. The rule is that in suits respecting trust property, the trustees as…
1Opinion of the Court
Cooper, C, J.,
delivered the opinion of the court.
This is a bill filed by the appellee against the appellant to foreclose in equity a deed of trust in which the property sought to be subjected was conveyed to M. K. Mister, trustee, with authority to sell in default of the payment of the debt secured. The trustee is not made a party to the cause, and this was made ground of demurrer in the court below. This demurrer was overruled, and further proceedings having resulted in a final decree, the defendant appeals and assigns for error the action of the court in overruling the demurrer.
The demurrer…
2Cases cited3 opinions
- Hill v. BoylandMississippi Supreme Court · 1866
- Catlett v. BaconMississippi Supreme Court · 1857
- Green v. GastonMississippi Supreme Court · 1879
3Cited by1 opinion
- Joseph L. Moyse & Bro. v. Louis Cohn & Bro.Mississippi Supreme Court · 1898