McMahan v. American Building & Loan & Tontine Savings Ass'n
Mississippi Supreme Court
Feom the circuit court of Lauderdale county. Hon. Gr. B. Huddleston, Judge. Unlawful detainer by appellant for the possession of property bought by it at sale under a trust deed in its favor. The opinion states the requirement of the deed in respect to notice of sale.
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Feom the circuit court of Lauderdale county. Hon. Gr. B. Huddleston, Judge. Unlawful detainer by appellant for the possession of property bought by it at sale under a trust deed in its favor. The opinion states the requirement of the deed in respect to notice of sale. The appellant had only been engaged in business as a building company since January 1, 1896, and its stock or shares had never represented monthly payments in excess of $500. The period for which it was delinquent did not, therefore, extend beyond the date above mentioned, and the amount of the tax chargeable against it under…
1Opinion of the CourtWoods, C. J.
By the terms of the trust deed from the appellant to the ap-pellee, the trustee therein named, and his successor, appointed as therein provided for, was required to advertise the property on default made in payment of the sum intended to be secured by'the trust deed, in some newspaper published in Lauderdale county, ‘£ for four weeks next before the day of sale, ’ ’ giving time, terms, and place of sale. This was his sole authority to sell, and he was bound to comply strictly with the terms of the power conferred upon him. This he did not do. The advertisement made by the trustee appeared for…
2Cited by4 opinions
- Hancock v. PyleMississippi Supreme Court · 1941
- Planters Mercantile Co. v. BraxtonMississippi Supreme Court · 1919
- Lake v. CastlemanMississippi Supreme Court · 1917
- Crump v. TuckerMississippi Supreme Court · 1928