Hartley v. O'Brien
Mississippi Supreme Court
From the chancery court of Quitman county. Hon. W. R. Trigg, Chancellor. From a decree sustaining a demurrer arid dismissing her bill complainant appeals. The facts are stated in the opinion.
1Opinion of the CourtCooper, J.
The decree of the chancellor must be affirmed, for the reason that complainant is.not shown to have either a legal or equitable title to the land in controversy.
On the eighteenth day of March, 1891, the appellee and her husband executed a conveyance of the land to one W. S. Turner, as trustee, to secure a debt, therein described, to M. Gavin & Co. The deed contained a power of sale, if default should be made in the payment of the debt secured, and, also, *826a provision that, if the trustee should die, or become unable or refuse to execute the trust, then M. Gavin' & Oo. should have power to…
2Cases cited1 opinion
- Clark v. WilsonMississippi Supreme Court · 1876
3Cited by3 opinions
- Cox v. American Freehold & Land Mortgage Co.Mississippi Supreme Court · 1906
- Watson v. PerkinsMississippi Supreme Court · 1906
- Webb v. BilesMississippi Supreme Court · 1942