Ewing v. Cargill

Citations

• 21 Miss. 79

Syllabus

<p>Where, after a public sale under a deed of trust of personal property, the property sold is left in the possession of the grantor in the deed of trust, no presumption of fraud will arise therefrom ; and if the sale be otherwise free from fraud, a purchaser under a judgment against the grantor in the deed of trust, in whose possession the property is left, junior to the sale under the deed of trust, will acquire no title to the property.</p> <p>Where, in the trial of the right of property, the claimant claims by purchase under a deed of trust, executed by the defendant in execution of date older than the judgment, and the jury find for him, such verdict will relieve him from the imputation of fraud in fact in the purchase.</p> <p>The conveyance of property by deed of trust, which is consumable in the use, is not in itself fraudulent, unless it be stipulated in the deed that the grantor may use it; and whatever may have been the.intention of the parties, if it be not so expressly stipulated in the deed, a bond fide purchaser of property at a sale under the deed of trust, for valuable consideration without notice, will be protected in his purchase.</p> <p>In a trial of the right of properly levied on under execution, the defendant in execution is a competent witness for the claimant, who claims under purchase from the same defendant.</p> <p>A purchaser of land and slaves, under a deed of trust, allowed the grantor in the deed of trust, out of kindness, to remain upon the property, and exercise a sort of agency over it for the purchaser, the latter employing an overseer, and his right as well as the nature of the possession of the grantor in the deed of trust, under which the purchaser bought, being notorious : Held, that three years of such possession did not render the property subject to the debts of the grantor in the deed of trust; it was in fact the possession of the purchaser, the grantor having no loan of the property or other interest or use in it.</p> <p>A