Graham v. Fitts
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. filed an elaborate printed brief of forty-six pages, in which, among many others, he' made the following points : — 1. The court erroneously instructed the jury that “ the burden of proof is on the defendants to show the insufficiency of the notice of the sale of the premises in question by Bogle, as trustee, under the deed of trust, and unless the preponderance of the testimony is clearly against the…
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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. filed an elaborate printed brief of forty-six pages, in which, among many others, he' made the following points : — 1. The court erroneously instructed the jury that “ the burden of proof is on the defendants to show the insufficiency of the notice of the sale of the premises in question by Bogle, as trustee, under the deed of trust, and unless the preponderance of the testimony is clearly against the sufficiency of the notice required by the terms of the deed of trust the verdict should be for the plaintiff.” We contend that…
1Opinion of the CourtCampbell, J.
The plaintiffs in error executed a deed of trust conveying land to J. C. Bogle, as trustee, to secure a debt to T. T. Bonner. The condition of the deed of trust is in these words, viz.: “ Should said parties of the first part fail to pay and to satisfy said note at maturity, then it shall be the duty of the party of the second part (trustee), at the request of the party of the third part (Bonner), after giving thirty days’ notice of the time and place of sale, by posting the same in three or more public places in said county and State, to proceed to sell at public auction for cash in hand to…
2Cited by14 opinions
- McCaughn v. YoungMississippi Supreme Court · 1904
- Naugher v. SparksSupreme Court of Alabama · 1895
- Tyler v. HerringMississippi Supreme Court · 1889
- McConnell v. DaySupreme Court of Arkansas · 1896
- McFarlane v. WhitneyTexas Supreme Court · 1940
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