Carey v. Fulmer

Citations

• 74 Miss. 729

Syllabus

<p>1. Evidence. Writings. Copy of copy.</p> <p>A copy of a copy of letters cannot be used in evidence over objection.</p> <p>2. Deed of Trust. Trustee. Appointment of substitute.</p> <p>Unless specially authorized by the terms of the instrument, a trustee in a deed of trust is unauthorized to appoint another to act in his place.</p> <p>3. Same. Abandonment of trust. Equity jurisdiction.</p> <p>If a trustee in a deed of trust abandons the trust, a court of equity may enforce the trust at the suit of the beneficiary.</p> <p>4. Same. Effort to sell for more than was due. Injunction.</p> <p>If an effort be made under a deed of trust to sell the property for largely more than the sum due, an injunction may properly be issued.</p> <p>5. Chancery Practice. Amendment.</p> <p>In a suit to enjoin a sale under a deed of trust, on the ground that nothing' was due when the deed was executed and that it was obtained by fraud, where defendants filed a cross bill to enforce the deed, it is error not to allow complainants to amend the bill so as to show that the debt claimed by the holder of the deed was made up of usury and other improper charges.</p>