Johns v. Sergeant
Mississippi Supreme Court
Error to the chancery court of Yazoo county. Hooker, Chancellor. The opinion of the court exhibits the features of tliis case so plainly as to relieve from the necessity of any further statement of it. It is admitted by the answer of the trustee, Hightower, that he did not in person perform the mere ministerial act of selling the trust property, and that he did not make the bale or have the property auctioned off by an agent.
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Error to the chancery court of Yazoo county. Hooker, Chancellor. The opinion of the court exhibits the features of tliis case so plainly as to relieve from the necessity of any further statement of it. It is admitted by the answer of the trustee, Hightower, that he did not in person perform the mere ministerial act of selling the trust property, and that he did not make the bale or have the property auctioned off by an agent. We insist that the sale was not void or voidable on this account. It is true that the office and duties of a trustee, being matters of trust and confidence, cannot be…
1Opinion of the Court
Peyton, O. J.:
This is a writ of error from a decree of the chancery court of Yazoo county, setting aside a sale of eighty acres of land by a trustee under a deed of trust made to secure a debt therein specified.
The several answers of the defendants fully deny the equity of the bill of complaint and all combination and fraud in the sale. And the answer of Sarah Johns denies that there was any .irregularity in the sale, and insist that she was a bona fide purchaser of the property at said sale, and entitled as such to the protection.of a court of chancery.
It is sought here by the counsel for…
2Cases cited2 opinions
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Williams v. WoodsCourt of Appeals of Maryland · 1860
3Cited by3 opinions
- Tyler v. HerringMississippi Supreme Court · 1889
- Cox v. American Freehold & Land Mortgage Co.Mississippi Supreme Court · 1906
- Swan v. SmithMississippi Supreme Court · 1881