Jones v. Frank
Mississippi Supreme Court
Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Ejectment by Levi N. Frank against Medora Jones, and others. Judgment for plaintiff on a directed verdict, and certain defendants, including the named defendant, appeal. We submit that the fundamental error committed by the trial court upon the trial of this ease was when it permitted the appellee, over the objection of appellants, to introduce as evidence the trustee’s deed.
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Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Ejectment by Levi N. Frank against Medora Jones, and others. Judgment for plaintiff on a directed verdict, and certain defendants, including the named defendant, appeal. We submit that the fundamental error committed by the trial court upon the trial of this ease was when it permitted the appellee, over the objection of appellants, to introduce as evidence the trustee’s deed. We submit that the trustee’s deed conveys no title whatever and was incompetent as evidence. We call the court’s attention now to the provisions…
1Opinion of the CourtSykes, J.
The appellee, Frank, brought an ejectment suit against' appellants to obtain possession of a forty-acre tract of land in Bolivan county. The facts are uncontroverted. The appellants, while owners of the land, gave a deed of trust upon it to secure the payment of some borrowed money. The deed of trust recited that, in case of the failure to pay the note at maturity, the trustee should sell the property to the highest bidder for cash 4 4 after first advertising according to section 2772 of the Mississippi *298Code, of 1906, and amendments thereto.” The plaintiff in the court'below introduced in…
2Cases cited3 opinions
- Enochs v. MillerMississippi Supreme Court · 1882
- Graham v. FittsMississippi Supreme Court · 1876
- Fauntleroy v. MardisMississippi Supreme Court · 1920
3Cited by7 opinions
- McCoy v. McRaeMississippi Supreme Court · 1948
- CRAFT v. EverettMississippi Supreme Court · 1959
- Myles v. CoxMississippi Supreme Court · 1968
- Melchor v. CaseyMississippi Supreme Court · 1935
- Chandler v. Bank of BrooksvilleMississippi Supreme Court · 1938
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