Camp v. Celtic Land & Improvement Co.

Citations

• 129 Miss. 417
• 91 So. 897

Syllabus

<p>1. Quieting Titi.e. Complainant in Mil to confirm title and remove cloud must show good title in himself.</p> <p>In bills to confirm titles and remove clouds therefrom complainant must show a good title in himself; otherwise his bill is subject to demurrer.</p> <p>2. Mohtgages. Sales under trust deeds l>y substituted trustee are void unless their appointment is recorded in the chancery cleric's office in the county of land’s situs.</p> <p>Section 2773, Code 1906 (section 2277, Hemingway’s Code), makes void sales of land under deeds of trust by substituted trustees unless the appointment of the substituted trustee appears of record in the office of the chancery clerk of the county where the land is situated, and unless it shall be actually spread at large upon the record before the first advertisement or notice of sale shall have been posted or published.</p> <p>3. Moktgages. Statute requires appointment of substituted trustee to be recorded in mortgage record boolc.</p> <p>Section 2809, Code 1906 (section’2310, Hemingway’s Code), provides for the keeping of a record in which are to be recorded mortgages and deeds of trust on land, and that the appointment of a substituted trustee under a deed of trust shall he recorded in this hook.</p> <p>4. Mortgages. Recording appointment of substituted trustee in deed book instead of mortgage records held a compliance with statute.</p> <p>'Where the appointment of a substituted trustee is recorded in a deed book instead of in the record of mortgages and deeds of trust, this is recording the substitution in a land record kept by the chancery clerk, and is a substantial compliance with section 2773, supra.</p> <p>5. Mortgages. One examining title would have discovered the record of a substitution of trustee in a deed boolc, and thus have received sufficient notice thereof.</p> <p>The purposes of these recording statutes are to charge the people with notice of their contents, and also to enable them by a proper examination of th