Report of Cases Decided by the Supreme Court of Mississippi Volume 79
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: ...v. G/arse, 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 lVools v. Rozelle, 75 Miss., 793; Fowle v. Jllerrill, 10 Allen (Mass.), 350; llcllreill v. 0' G012.-ner, 3 Col. App., 113; Re Hudson, etc., 35 Eng. Chy. Div., 668; Perry on Trusts (4th ed.), sec. 602 (2'), (j), (/0), (aa); code 1892, 2444, which seem confirmatory. A trustee conveys only the title vested in him by the trust deed, and the purchaser takes notice of the title as it stands in the trustee. 2 Jones on Mortgages, see. 1889; Seimens v. ISC/L'I'(ld6'7', 88 Mo., 23; Hospev v. A/112'-Qtetlt, 13 Mo. App., 270; Bateman v. Burr, 57 Cal., 183; Devin v. Hanalcrslate, 32 1a., 193; Wernecke v. Lamb, 71 Ill., 93; Green v. Gaston, 56 Miss., 752; Catlett v. Bacon, 33 Miss., 269; Hill v. Boyla-nd, 40 Miss., 640; Harlow v. Mister, 64 Miss., 25. Lee, the beneficiary, having, before the pretended sale made by lvillis, appointed another, under the terms of the deed in trust, as substituted trustee, all power was gone from Willis. Lee is estopped to deny the validity of the appointment made by him. Herman on Estoppel, secs. 1038, 1039, 1040. The erasure of the writing, indorsed on the deed appointing a substituted trustee, did not and could not alter its effect. Adams v. Jllills, 71 Miss., 150. There was no power in the deed to appoint successive trustees. But, we submit, the decree appealed from must be reversed, because the bill alleges that there never was any default in payment on McNeill's part authorizing any trustee to sell. This averment, of course, was admitted by the demurrer..7. M. Shelton, for appellees. By conferring power of sale on Willis, McNeill...
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- 13 Sep 2013
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