Dunton v. Sharpe
Mississippi Supreme Court
From the chancery court of Coahoma county. Hon. W. R. Trigg, Chancellor. On January 31, 1883, appellee, Mrs. Sharpe, then'Ella M. Riddick, executed a trust-deed on her plantation, containing 672 acres of land, in Coahoma county, Miss., to one Sherwood, as trustee, to secure a debt to the American Mortgage Company, of Scotland, amounting to $2,000, payable December 1, 1887, with five interest coupon notes, payable, respectively, on December 1, 1883, and annually thereafter.
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From the chancery court of Coahoma county. Hon. W. R. Trigg, Chancellor. On January 31, 1883, appellee, Mrs. Sharpe, then'Ella M. Riddick, executed a trust-deed on her plantation, containing 672 acres of land, in Coahoma county, Miss., to one Sherwood, as trustee, to secure a debt to the American Mortgage Company, of Scotland, amounting to $2,000, payable December 1, 1887, with five interest coupon notes, payable, respectively, on December 1, 1883, and annually thereafter. The rate of interest was ten. per cent, per annum., and the deed provided that if the coupon notes were not paid as they…
1Opinion of the CourtCampbell, C. J.
The failure of the creditor to formally declare the whole debt due did not render its action, dealing with the notes and security according to its custom in such cases, nugatory, and that was quite sufficient. It spoke louder than words, and fully authorized its representatives in America to proceed with the collection of the debt in accordance with the deed of trust.
The personal attendance of the trustee at the sale was not necessary. It was allowable for him to act through others in advertising and auctioning the land. All that was neces.sary, was to comply with the deed of trust, and, if…
2Cited by4 opinions
- Cox v. American Freehold & Land Mortgage Co.Mississippi Supreme Court · 1906
- Taylor v. Alliance Trust Co.Mississippi Supreme Court · 1893
- Tate v. Atlanta Joint Stock Land BankSupreme Court of Georgia · 1935
- Wheeler v. Cleveland State BankMississippi Supreme Court · 1935