Smith v. Beard
Mississippi Supreme Court
Appeal from chancery court of Lowndes county. Hfn. T. P. Guyton, Chancellor. Bill by Mrs. Ida Dashiell Smith and others against Mrs. M. A. Beard and others. Judgment dismissing the bill, and plaintiffs appeal. That W. C. Beard, trustee, was disqualified from purchasing the property here involved at the foreclosure sale, as a matter of law, is well settled.
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Appeal from chancery court of Lowndes county. Hfn. T. P. Guyton, Chancellor. Bill by Mrs. Ida Dashiell Smith and others against Mrs. M. A. Beard and others. Judgment dismissing the bill, and plaintiffs appeal. That W. C. Beard, trustee, was disqualified from purchasing the property here involved at the foreclosure sale, as a matter of law, is well settled. Houston v. National Bldg. & Loan Ass’n, et al., 80 Miss. 81, 81 So. 540. This being true, if we can substantiate the statement, wife cannot acquire title where husband is disqualified, then the conclusion is inescapable that Mrs. Beard’s…
1Opinion of the CourtSykes, P. J.
The appellants, complainants below, seek by their bill to redeem certain lands sold to the appellee, Mrs. Beard, by the trustee, her husband, at a sale of the lands duly advertised and sold in accordance with the terms of the deed of trust. The grantors in this deed of trust were Mr. and Mrs. Dashiell. The trustee was Mr. Beard, the husband of the beneficiary, Mrs. M. A. Beard. Default having been made in the payment of the indebtedness, at the request of the beneficiary the trustee duly advertised the lands for sale and the -beneficiary, Mrs. Beard, being the highest bidder,- purchased them…
2Cases cited2 opinions
- Houston v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1902
- National Mutual Building & Loan Ass'n v. HoustonMississippi Supreme Court · 1902
3Cited by3 opinions
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