Finger v. Taylor

Citations

• 111 Miss. 75
• 71 So. 269

Syllabus

<p>Judicial Sales. Sale under deed of trust.</p> <p>Where a trustee, under a deed of trust covering the land involved, was also the receiver of defendant’s business and property in the United States district court, was permitted to sell the property under the terms of the deed of trust and report the sale back to that court, and accordingly in compliance with the terms of the trust deed sold it and executed to complainant, the purchaser, a trustee’s deed conveying whatever title he had as trustee, which sale was reported to the federal court and confirmed, this was simply a sale by the trustee of the deed of trust, by permission of the federal court, and neither its permission nor its confirmation made it a “judicial sale” and the purchaser had to rely alone upon the strength of the trustee’s . title in the deed of trust and not upon the mere sanction given to the sale by the federal court.</p>