Cases Reported, Cases Argued and Decided in the Supreme Court of Mississippi Volume 127

Cases Reported, Cases Argued and Decided in the Supreme Court of Mississippi Volume 127

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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. 1922 edition. Excerpt: ...has not been paid, at the suit of the mortgagor, or one standing in his shoes, where the only ground urged for such relief is that the statute of limitations is available as a defense against its foreclosure." To the same point see Booth v. H osl-'ins, 75 Cal. 275, 17 Pac. 225; Boyccs V. Fisk, 110 Cal. 107. ' ' Appellee is clearly a mortgagee inpossession with the consent of appellant T. L. McDaniel, whether the sale of the land by the trustee is valid or invalid. The case of Fa-1-on V. All Person's Claiming etc., L. R. A. 191613., page 1209, 160 Cal. 707, relied upon by appellants as a case directly in point, is not a similar case to the one at bar. The note secured by the deed of trust was barred by the statute of limitations, together with all remedy under the trust. The mortgagee was not in possession of the mort 12? Miss. Brief for appellee. gaged property with the consent of the mortgagor, or his assigns. Plaintifi in the case enjoined the sale advertised to be made by the mortgagee of the mortgaged property. But it is held in said case that it is the settled rule in California that notwithstanding the lien of a. mortgage is extinguished by the barring of the debt by limitation, the mortgagor can not without paying his debt quiet his title against the mortgagee. And this after it was held in this case, that defendant can not be held to be a mortgagee in possession, but upon purely equitable principles. Let us admit that appellant, T. L. McDaniel, could have 'enjoined the sale of the land under the trust deed, or even after the sale treated appellee as a trespasser, and ejected him from the land, yet he did not do either, but consented to appellee's possession. And has assented to his remaining peaceably, and...show more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236876857
  • 9781236876850