Tift & Co. v. Mayo

Jackson, Justice.

The Messrs. Tift foreclosed their mortgage against Mrs. Mayo and husband, as trustee, for two- or three thousand dollars, for supplies furnished the trust estate to make crops and for the support of herself and family, and the mortgage fi. fa. was levied upon the property of the estate. It was met by an affidavit of illegality, the first ground of which was that the trustee could not make a valid mortgage of the trust estate, and thereupon, upon an inspection of the mortgage and the rule to foreclose, and the order of the court authorizing the trustee to mortgage, the court…