Smith v. Childress
Mississippi Supreme Court
Appeal from the chancery court of Madison county. HoN. O. B. Taylor, Chancellor. Suit between G. E. Smith and others and R. H. Chil-dress and others. From a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Madison county. HoN. O. B. Taylor, Chancellor. Suit between G. E. Smith and others and R. H. Chil-dress and others. From a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court. The question involved in this suit — viz: “Whether the title acquired by the appellant by his purchase from H. B. Greaves, Trustee, vested a title to them in the lands, free of appellees’ claims,” allows but little field for research, as it is strictly confined to the interpretation by this court of section 2796 of the Code of 1906. I…
1Opinion of the CourtHoldeN, J.
The land involved in this case was purchased hv appellants at a foreclosure sale by the trustee in a deed of trust. The trust deed under which the sale was made was- a renewal or extension of a prior deed of trust. The renewal deed of trust under which the sale was made recited the following:
“The money here secured as evidenced by the above promissory notes includes the balance due on a certain deed of trust which was executed - by me on the 26th day of February, 1907, and which is hereby renewed and extended to H. B. G-reaves, trustee, for the use of John Livelar, and duly entered of record…
2Cases cited2 opinions
- Howell v. BushMississippi Supreme Court · 1877
- Britton & Mayson v. CriswellMississippi Supreme Court · 1885
3Cited by3 opinions
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- Adams Royalty Co. v. State Ex Rel. Com'rs of Land OfficeSupreme Court of Oklahoma · 1935
- Cheryl B. White v. Edgar Truman Whitehead, Ruby E. Whitehead, Robert L. Thomas, Citizens Bank of Philadelphia, Carol B. Taff, Bethel Baptist Church, Thomas R. Boydstun, Leah H. Boydstun, Ben Kirk, James M. Whitehead, Alyssa Cameron Whitehead, Kevin E. Whitehead, Tami H. Whitehead, Gary M. Whitehead, Carol Whitehead, Bankfirst Financial Services, and Timothy L. Gowan;Court of Appeals of Mississippi · 2020