Davis v. O'Connell
Mississippi Supreme Court
Erom the circuit court of Lamar county. Hon. William H. Cook, Judge. O’Connell, appellee, was plaintiff in the court below; Davis, appellant, was defendant there. The suit was an ejectment to recover lands purchased by the plaintiff at a sale under a deed of trust executed by defendant and his wife to the trustee in March, 1906, before the Code of 1906 became operative.
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Erom the circuit court of Lamar county. Hon. William H. Cook, Judge. O’Connell, appellee, was plaintiff in the court below; Davis, appellant, was defendant there. The suit was an ejectment to recover lands purchased by the plaintiff at a sale under a deed of trust executed by defendant and his wife to the trustee in March, 1906, before the Code of 1906 became operative. The deed of trust provided that sale thereunder should be made af fcc r ten days’ notice of the time and place of sale, and the terms of the deed in this respect were followed by the trustee. Defendant contended that the…
1Opinion of the CourtMayes, J.
This case is controlled by the case of Melsheimer v. McKnight, post -, 46 South., 827, as to the right of the trustee to name the time and place of sale.
It only remains for us to say that Code 1906, § 2772, providing that sale of lands under deed of trust shall be advertised for three consecutive weeks preceding the sale in a newspaper published in the county, etc., has no application to instruments executed before its enactment.*
The former judgment reversing this case is vacated, and a judgment now ordered to be entered affirming the case.
Affirmed.
“The reporter has treated the briefs of…
2Cases cited1 opinion
- Melsheimer v. McKnightMississippi Supreme Court · 1908
3Cited by2 opinions
- State Bank of Elberta v. PetersonSupreme Court of Alabama · 1932
- Cook v. TaylorMississippi Supreme Court · 1946