Frank v. Colonial & United States Mortgage Co.
Mississippi Supreme Court
From the chancery court of Bolivar county. Hon. Carey 0. Moody, Chancellor. Frank and others, the appellants, were complainants in the .court below; the mortgage company, the appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court.
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From the chancery court of Bolivar county. Hon. Carey 0. Moody, Chancellor. Frank and others, the appellants, were complainants in the .court below; the mortgage company, the appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. Appellants filed their hill in the chancery court of Bolivar county against appellee in January, 1904, for the purpose of reopening tlie final settlement of the estate of J. T. Griffin, deceased, and allege in their hill that they are creditors of said Griffin; that said Griffin and his wife, dnring his…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
' The question which must control this case is simply this: Is the power of sale vested in a trustee in a deed in trust or in a mortgagee in a mortgage with power of sale revocable by the death of the grantor? Or, to phrase it differently, is such a power a power coupled with an interest? And, similarly, is the power of substitution of a new trustee granted in a trust deed or mortgage to the beneficiary a power coupled with an interest or not? In our view, both are solvable on the same *113principle. It may be stated at the outset as a conceded…
2Cases cited7 opinions
- Choppin v. DauphinSupreme Court of Louisiana · 1904
- Clark v. WilsonMississippi Supreme Court · 1876
- Adams v. Colonial & United States Mortgage Co.Mississippi Supreme Court · 1903
- Ray v. HemphillSupreme Court of Georgia · 1895
- Carter v. . SlocombSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Baker v. Connecticut General Life Ins.Mississippi Supreme Court · 1944
- Cleveland v. BatemanNew Mexico Supreme Court · 1915