McClusky v. Trussel
Mississippi Supreme Court
From the chancery court of Calhoon county. IIon. Julian C. Wilson, chancellor. McClusky, appellant, was complainant in the court below; Trussel and others, appellees, were defendants there. From a final decree in defendants’ favor the complainant appealed to the supreme court.
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From the chancery court of Calhoon county. IIon. Julian C. Wilson, chancellor. McClusky, appellant, was complainant in the court below; Trussel and others, appellees, were defendants there. From a final decree in defendants’ favor the complainant appealed to the supreme court. The complainant sought by his suit to set aside a sale of the land in controversy made by one Shaw, substituted trustee, in satisfaction of a trust deed executed by complainant’s grantor to secure an indebtedness due to one Franks. Complainant alleged that the land, which comprised in all four hundred acres, was sold…
1Opinion of the CourtWiiiteield, C. J.
The sale was manifestly void, because not made (Code 1892, § 2443) in conformity with the provisions of section 111 of the Constitution of 1890. W. W. Trussell testified: “Mr. J. B. Spencer bid the land off on first bid for the Frank estate. . Mr. Shaw sold the whole four hundred-tract in a lump.” Volney Weir testified: “The land was sold in a lump on the first bid.” The overwhelming weight of the testimony is to the effect, so far as the statute of limitations is concerned, that the purchaser did not enter into possession at the sale, nor within any time which would bar this action. The bill…
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