Holden v. Brimage

Citations

• 72 Miss. 228
• 18 So. 383

Syllabus

<p>1. Teust-dbed. Acknowledgment; taken before trustee. Invalidity.</p> <p>An acknowledgment to a trust-deed taken before an officer who is himself trustee therein, with power of sale to pay debts, is void, and does not entitle the deed to be recorded. Wasson v. Conner, 54 Miss., 351, cited.</p> <p>2.. Replevin. Trust-deed. Proof of execution. Evidence.</p> <p>Where plaintiff in replevin, claiming under a trust-deed executed by several, but improperly acknowledged, offers evidence of an admission by one of the grantors that he had executed it, but the trust-deed is not thereafter offered in evidence, and the property described in it is not identified as belonging to that grantor, judgment is properly rendered for defendant.</p> <p>3. Continuance.' Refusal; when not error. Application.</p> <p>This court will assume th^it a continuance was properly refused, if the application therefor does not appear in the record. The mere recital in the bill of exceptions that the party moved for a continuance on account of the absence of material witnesses, and that it was denied, does not show error.</p>