Cummings v. Parish
Mississippi Supreme Court
Appeal from tbe Chancery Court of Itawamba county. Hon. Joel M. Acker, judge. This was a bill filed by the appellee against the appellant, seeking to have certain deeds held by appellant cancelled as clouds on .appellee’s title. It appears from the bill that both parties claim title to the land in controversy, through one Brandon.
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Appeal from tbe Chancery Court of Itawamba county. Hon. Joel M. Acker, judge. This was a bill filed by the appellee against the appellant, seeking to have certain deeds held by appellant cancelled as clouds on .appellee’s title. It appears from the bill that both parties claim title to the land in controversy, through one Brandon. It is alleged that Brandon sold to one D. K. Cummings, executing a bond to make title on payment of the purchase-money; that D. K. Cummings afterwards executed a deed in trust by which he conveyed the land (and other property) to one Bentley as trustee, to secure an…
1Opinion of the CourtHarris, J.
The only point necessary to be considered in this case is, whether the appointment of the trustee, Robert A. Shell, who sold the land in controversy to the defendant in error by virtue of such appointment, was a valid execution of the powers under the deed of trust authorizing him to execute it.
The deed of trust purports on its face to be executed between David K. Cummings of the first part, David Bentley of the second part, " and Bailey D. Barker and Joel T. Parish, partners under the style and firm-name of Barker & Parish, parties of the third part."
The deed provides: “in the event of the…
2Cited by3 opinions
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