Legal Opinion

Shipp v. New South Building & Loan Ass'n

Mississippi Supreme Court

Decided October 15, 1902PublishedCited by 3 opinions

From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. The Building and Loan Association, appellee, was the plaintiff, and Mrs. Shipp, appellant, was defendant in the court below. The action was ejectment for a lot in the city of Meridian. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Read the full summary

From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. The Building and Loan Association, appellee, was the plaintiff, and Mrs. Shipp, appellant, was defendant in the court below. The action was ejectment for a lot in the city of Meridian. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. On the trial in the court below plaintiff introduced a deed from one Ginder, as the trustee in a deed of trust in its favor, and a deed of trust to one Blanc, as trustee, to secure to it a certain indebtedness. The deed of . trust recited that Blanc was the…

1Opinion of the CourtWhitfield, C. J.

The only question needing consideration is this: Wasthere any substitution of one trustee for another ? It is conceded by counsel for the appellee that there was no record of the substitution of a trustee, as required by the act of March, 1896, laws of 1896, p. 105. The language of the trust instrument in the granting part is as follows: “said party of the first part hereby conveys and warrants unto the said Jules A. Blanc, party of the second part, as trustee, and to his successors as trustee, the following described real estate,” etc. At the close of the instrument this clause occurs: “The…

2Cited by3 opinions

  1. Provine v. ThorntonMississippi Supreme Court · 1908
  2. Camp v. Celtic Land & Improvement Co.Mississippi Supreme Court · 1922
  3. White v. StennisMississippi Supreme Court · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API