Green v. Gaston
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. On the 3d of August, 1854, Charles Dudley executed a deed of trust upon a certain tract of land to John D. Elliott as trustee, to secure an indebtedness to J. & T. Green, evidenced by Dudley’s promissory note, under seal, and to become due on the 11th of September, 1854. It was stipulated in the deed of trust, that, if the grantor failed to pay at the maturity of the note, the trustee, upon the…
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. On the 3d of August, 1854, Charles Dudley executed a deed of trust upon a certain tract of land to John D. Elliott as trustee, to secure an indebtedness to J. & T. Green, evidenced by Dudley’s promissory note, under seal, and to become due on the 11th of September, 1854. It was stipulated in the deed of trust, that, if the grantor failed to pay at the maturity of the note, the trustee, upon the request of the beneficiaries, should sell the land conveyed, and apply the proceeds to the satisfaction of the…
1Opinion of the CourtCampbell, J.
The fact that a mortgage or deed of trust contains a power of sale, and contemplates a foreclosure by a sale without the aid of a court, does not preclude a resort to the chancery court.
At the time of the execution of this deed of trust, ten years was the period which barred a right of entry into lands. Acts 1854, p. 134. Then the law was, that the right to foreclose a mortgage or deed of trust in chancery was not barred by the period which barred the debt secured by it, but only by the period which barred an action of ejectment, — i.e., ten years after condition broken. Miller v. Helm, 2…
2Cases cited4 opinions
- Nevitt v. BaconMississippi Supreme Court · 1856
- Trotter v. ErwinMississippi Supreme Court · 1854
- Wilkinson v. FlowersMississippi Supreme Court · 1859
- Carothers v. HurleyMississippi Supreme Court · 1866
3Cited by4 opinions
- Lawman v. BarnettTennessee Supreme Court · 1944
- Hall v. BellWisconsin Supreme Court · 1910
- Forepaugh v. PryorSupreme Court of Minnesota · 1882
- Harlow v. MisterMississippi Supreme Court · 1886