House v. Fultz

Citations

• 21 Miss. 39

Syllabus

<p>In order to discharge the lien of a deed of trust on personal property, it is sufli cient if the grantor, grantee, and trustee regard the deed of trust as at an end, and consider the property as revested in the grantor.</p> <p>In the case of personal property conveyed by recorded deed of trust, no forinal release of the deed, or memorandum in writing, is necessary to extinguish the deed of trust; a different rule prevails in relation to real estate.</p> <p>A sale of personal property under execution, on which there is a deed of trust on the records, apparently unsatisfied, will, nevertheless, pass the title to the purchaser, if in point of fact the deed of trust be satisfied.</p> <p>If a judgment, under which the plaintiff in the court below claims title, is read without objection there, the high court of errors and appeals will not'entertain the objection to it, that the record does not show it was founded on due notice to the parties.</p> <p>It is erroneous for the court to give instructions in the same case directly opposed to each other.</p>