German-American Nat. Bank v. Interstate Trust & Banking Co.

Citations

• 114 Miss. 740
• 75 So. 598

Syllabus

<p>Mortgages. Trust deeds. Sale. Setting aside.</p> <p>.Where an original decree ordered a sale under a deed of trust, subject first to the payment of plaintiff’s note and a sale made under this decree was set aside for insufficiency of the bid and a second decree ordered, the sale of the land “as decreed by this court” at a previous term, but the notice of sale did not refer to the first • decree. In such case where plaintiff bid on the understanding that its note was to be paid first out of the proceeds of the sale, it was not error to order a resale, there being a mistake as to the terms of the sale.</p>