Cox v. American Freehold & Land Mortgage Co.

Citations

• 88 Miss. 88
• 40 So. 739

Syllabus

<p>1. Mortgages. Suit to redeem. Laches.</p> <p>A suit to redeem from a mortgage is not barred because of lacbes by mere lapse of time, although commenced on the last day before the expiration of the statutory period for bringing such suits.</p> <p>2. Same. Deed of trust. Sale. Authority from trustee.</p> <p>Where the trustee in a deed of trust was authorized by the terms of the deed “to appoint in writing an agent and auctioneer to make the sale for.him,” a sale by a person, other than the trustee, not authorized in writing, was void.</p> <p>S. Same. Vokl sale. Bona fide purchaser.</p> <p>Where a sale in pais under a deed of trust was utterly void, and not merely voidable, a purchaser for value under it will not be .protected because of his hona fides.</p> <p>4. Limitation oe Actions. Computation. Amendment of pleadings.</p> <p>In determining the operation of the statute of limitations in an action to redeem land sold under a trust deed, an amendment alleging that the sale was conducted by a person not authorized in writing by the acting trustee, as required by the deed of trust, which allegation was not included in the original bill, stated a new cause of action.</p> <p>5. Same.</p> <p>Where there is a cause of action set up in an amended bill, wholly distinct from the cause of action set up in the original bill, and the bar of limitations has. become complete in the interim between the filing of the two, no relief can be had on the new cause of action set up in the amended bill.</p> <p>6. Same.</p> <p>In an action to redeem land from a sale under a deed of trust, an allegation that the sale was not made by the trustee, but by another, either interested in the debt or an agent of the parties who owned if, and who had no legal authority to make the sale, was not sufficient to raise the objection that the party conducting the sale had no written authority from the trustee as required by the deed of trust, so as to affect the operation of limitations on the bilk as s