Jones v. Frank

Citations

• 123 Miss. 280
• 85 So. 310

Syllabus

<p>Evidence. Recitals in trustee’s deed; burden on purchaser at foreclosure must show in ejectment posting of notice of sale.</p> <p>Where a deed of trust is foreclosed and the trustee’s deed recited with particularity the authority vested in the trustee, the default in the payment of the indebtedness, the instruction to sell, and that the sale was made after a newspaper advertisement for the required time, but fails to recite that a notice was posted at the courthouse door as required by section 2772, Code of 1906, the presumption that all essential conditions were complied with in making the sale, especially'as to the required advertisement, is rebutted by these recitals of the deed of trust, and the burden of proof is upon the plaintiff to show that a notice of the sale for the required time was posted at the courthouse door.</p>