Cases Argued and Decided in the Supreme Court of Mississippi Volume 79

Cases Argued and Decided in the Supreme Court of Mississippi Volume 79

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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. 1902 edition. Excerpt: ... deed. 3. SAME. Power to sell is power to convey. Power in a trusteeto sell lands, although by the terms of the deed of trust the legal title is invested in the beneficiary. authorizes the trustee to convey to the purchaser. 4. Cnsuoaay PRACTICE. Exhibits. Code 189:2, Q5328. Demurrer. Under code 1892, @528, making an exhibit to a bill in equity a part thereof, if an averment of the bill be contradicted by the exhibit (no explanation being made of the contradiction) the fact will be taken on denurrer. to be in conformity with the exhibit. Brie! tor appellant. Faom the chancery court of, second district, Hinds county. HoN. HENRY C. CoNN, Chancellor. McNeill, the appellant, was complainant in the court below; Lee and others, the appellees, were defendants there. From a decree sustaining a demurrer to the bill of complaint and dismissing the suit, the complainant appealed to the supreme court. The opinion fully states the case. Wells fi lVells, for appellant. It will be noted that the deed executed by McNeill was direct to Lee, investing him with the legal title to the lands, and that Willis was simply given a power of sale. This power of sale did not authorize Vllillis to convey the legal title, which was in Lee. Vllillis might have negotiated a sale, but it was necessary to the cutting off of the equity of redemption that Lee should have confirmed it by executing a deed conveying the legal title. Villis could, by his deed, convey only what was invested in him, and he had only a power of sale. Sanders v. Uassldy, 86 Ala., 248; Bernard v. Duncan, 38 Mo., 181; Donahue v. C'/Lase, 130 Mass., 137. And it is held in this state that the legal title must be in the trustee when he sells. Doe v. Robinson, 24 Miss., 688. See also Woods more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 123678989X
  • 9781236789891