Yellowly v. Beardsley
Mississippi Supreme Court
From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. Edward C. Yellowly, Jr., the appellant, was the complainant in the court below; Beardsley and others, the appellees, were defendants there. In 1876 James B. Yellowly and his wife, parents of complainant, executed a deed of trust on the land in controversy to secure a note to one Thomas Helm.
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From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. Edward C. Yellowly, Jr., the appellant, was the complainant in the court below; Beardsley and others, the appellees, were defendants there. In 1876 James B. Yellowly and his wife, parents of complainant, executed a deed of trust on the land in controversy to secure a note to one Thomas Helm. This note was all paid, except about $125, and, in 1879, Helm assigned the note to Edward C. Yellowly, Sr., an uncle of complainant herein. The deed of trust provided that the trustee, before sale, should give thirty days’ notice…
1Opinion of the CourtWhitfield, J.
The notice of the sale in this case does not describe the land to be sold otherwise than by reference to the pages of the record where the trust deed was recorded. Counsel for appellant cite 2 Ping. Chat. Mort., p. 1253, sec. 1347, note 4, to show that this is sufficient. The case cited is Fitzpatrick v. Fitzpatrick, 6 R. I., 64. That volume is not in our library, but we have found the ease in 75 Am. Dec., 681, where we also find, at page 701, the case of Hoffman v. Anthony, 6 R. I., 282, with note. In Fitzpatrick v. Fitzpatrick, not only was there a reference to a recorded plat, but the lot…
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