Cases Argued and Decided in the Supreme Court of Mississippi Volume 120

Cases Argued and Decided in the Supreme Court of Mississippi Volume 120

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...would be violative of the true intent and meaning of the legislature, and would give rise to ' untold fraud and litigation, and this court would be called upon repeatedly to decide what was a reasonable 'time, and whether or not fraud had been committed in causing such a time to.elapse between the publication and the sale. '--. Briefly stated, our. contention is that the words of the statute see. 2772, "sale of lands shall be adverised for three consecutive weeks preceding such sale" means the three weeks immediately before the day of sale; that is, up to and including the last publication of the weekly newspaper before the date of sale, and unless this is done, the sale is void. It will be noted in the case at bar that the last publication was made on Saturday, March 25, 1916, while the sale was made on Monday, April 3, 1916, or nine days after the 'last publication, therefore publication was not made for "three consecutive weeks preceding such sale." The trustee had the power and authority under the deed of trust and the statute to conduct a legal and valid sale; this he has failed to do, and we submit that the pretended sale was and is wholly and utterly void, that the ruling of the court below in striking the evidence and directing a ve_rdict for defendant, granting judgment, and refusing a new trial is correct and therefore should be aflirmed. Srnvnus, J., delivered the opinion of the court. Appellant as plaintiff instituted this action of ejectment in the circuit court of Wilkinson county to recover ' possession of approximately fifty acres of land which it purchased at a trustee's sale foreclosing a deed of trust, which it as beneficiary held against the defendants, Kiah and Kitty Braxton. Upon...
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Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • United States
  • English
  • black & white illustrations
  • 1236893484
  • 9781236893482