Fullerton v. McBride

Citations

• 90 Miss. 420
• 43 So. 684

Syllabus

<p>Mortgages. Foreclosure of second. Rights under partly void first.</p> <p>Where'the description oí a part of the property sought to be conveyed by a first deed of trust was void and a second deed of trust on the same property accurately described the whole of it, but recited that a “part of the above property” was subject to the prior deed; and there was a foreclosure of the second deed and a purchase of all the property by the beneficiary therein, the beneficiary in the first deed, by appropriate proceedings can: —</p> <p>(a) Compel the purchaser to account for the value of the property accurately described in the first deed; and</p> <p>(5) Recover a personal decree against his debtor, the grantor in the first deed, for the sum due him after giving credit for the value of the property for which he has held the purchaser under the second deed.</p>