McDonald v. Vinson
Mississippi Supreme Court
Appeal from the Chancery Court of Kemper County. Hon. George Wood, Chancellor. A. G. Vinson, as superintendent of public education of the county of Kemper, filed a bill to enforce a deed of trust on certain lands, given by W. J. McDonald to secure his promissory note to the complainant’s predecessor in office.
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Appeal from the Chancery Court of Kemper County. Hon. George Wood, Chancellor. A. G. Vinson, as superintendent of public education of the county of Kemper, filed a bill to enforce a deed of trust on certain lands, given by W. J. McDonald to secure his promissory note to the complainant’s predecessor in office. The bill alleged that the trustee named in the deed of trust was dead, and that, under a provision in the deed, the complainant had substituted T. W. Brame as trustee, but that there was not then sufficient time, before the debt would become barred by limitation, to advertise the land…
1Opinion of the CourtCampbell, J.
It is well settled that a power of saffi in a mortgage or deed *499of trust does not in any way affect tbe jurisdiction of a court of chancery to enforce the rights of parties, thereto, nor abridge in the slightest degree the right of a person, secured by such instrument, to resort to a court of chancery, as he might do if no such provision had been made for enforcing the security without the aid of a court. All the powers conferred by such an instrument are additional to what the law grants, and neither affect the jurisdiction of a court of chancery nor the option the holder has to invoke its…
2Cited by5 opinions
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