Melsheimer v. McKnight
Mississippi Supreme Court
From the chancery court of Issaquena county. Hon. Percy Bell, Chancellor. Mrs. Melsheimer, appellant, was complainant in the court below; McKmight, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. In 1890 Peter Middleton and wife executed a deed of trust, conveying the land in question, to secure Melsheimer, the husband of the appellant, for money borrowed.
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From the chancery court of Issaquena county. Hon. Percy Bell, Chancellor. Mrs. Melsheimer, appellant, was complainant in the court below; McKmight, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. In 1890 Peter Middleton and wife executed a deed of trust, conveying the land in question, to secure Melsheimer, the husband of the appellant, for money borrowed. On March 10, 1903, si. substituted trustee sold the land under the deed of trust, and it was purchased by Melsheimer, the highest bidder for cash, but the deed was made to…
1Opinion of the CourtMates, J.
It is our view that the demurrer should have been overruled. In so far as is shown by the bill of complaint, whieh is admitted by the demurrer, the sale of March 10, 1903,- was a valid sale and conveyed a good title to the purchaser. The deed of trust provides, in case of default being made in the payment of the debt secured, thereby making it necessary to sell the property, that the trustee “shall sell said property and land, or a sufficiency thereof, to satisfy the indebtedness aforesaid then unpaid, at Halpin Station, in said county, notice and manner of ■sale to be as provided by law…
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