Hyde v. Warren

Citations

• 46 Miss. 13

Syllabus

<p>1. Mortgage — power op sale to mortgagee valid. — A power of sale in-a mortgage, conferred on the mortgagee himself, is valid, and may he executed in pais without resort to a court of equity.</p> <p>2. Same — power irrevocable — its execution cuts opf equity oe redemption. — Such a power is irrevocable, and, when fairly executed, cuts off the equity of redemption.</p> <p>3. Quiere — as to the right op mortgagee with power op sale in him-selp to purchase at his own sale. —The court declined to give any opinion on this question, but cited several cases in which it was said this right was recognized.</p> <p>4. Married women — conveyance op land —case in judgment. — Where a married woman, her husband joining her in the deed, conveyed her land with the formalities prescribed by law, by deed, which recited a pecuniary consideration, to enable the grantee, as owner, to obtain credit on the land, and he did obtain such credit, and mortgage the land to those who had no knowledge of the arrangement between the grantors and grantee: Held, that the party dealing with said grantee of the married woman was unaffected by any claim of hers.</p>