Cox v. American Freehold & Land Mortgage Co.
Mississippi Supreme Court
From the chancery court of Jefferson county. Hon. William P. S. Ventrbss, Chancellor. Mrs. Cox and others, the appellants, were complainants in the court below; the Mortgage Company and others, the appellees, were defendants there. From a decree sustaining' the demurrer of some of the defendants to bill and the amended bill and dismissing the suit, the complainants appealed to the supreme court. The facts are fully stated in the opinion of the court.
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From the chancery court of Jefferson county. Hon. William P. S. Ventrbss, Chancellor. Mrs. Cox and others, the appellants, were complainants in the court below; the Mortgage Company and others, the appellees, were defendants there. From a decree sustaining' the demurrer of some of the defendants to bill and the amended bill and dismissing the suit, the complainants appealed to the supreme court. The facts are fully stated in the opinion of the court. (1) Mere delay in bringing suit, short of the period of limitations and unconnected with any act of estoppel, does not bar action. (2) The…
1Opinion of the Court
Whiteield, C. J.,
delivered tbe opinion of tbe court.
Tbis is a bill filed to redeem certain land sold under a trust deed. The trust instrument, after reciting at great length tbe *96very large powers conferred upon the original trustee, provides as follows: “For any sale hereunder, the acting trustee is authorized to appoint in writing an agent and auctioneer to malee such sale for him in his absence as fully and validly as if the trustee were present himself and conducting the sale.” It is alleged in the amended bill, and admitted by the demurrer, that the appointment of Roscoe Stinson, who made…
2Cases cited16 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Wood v. WoodSupreme Court of Arkansas · 1894
- Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Tyler v. HerringMississippi Supreme Court · 1889
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3Cited by13 opinions
- Armour & Co. v. MillerCourt of Appeals for the Fifth Circuit · 1913
- Grenada Bank v. PettyMississippi Supreme Court · 1935
- Hyde Construction Company v. Koehring CompanyDistrict Court, S.D. Mississippi · 1969
- Lake v. PerryMississippi Supreme Court · 1909
- Musser v. First Nat. BankMississippi Supreme Court · 1933
8 more not listed; retrieve them via the Exa API.