Kelly v. Skates

Citations

• 117 Miss. 886
• 78 So. 945

Syllabus

<p>1. Statute of Fbatjds. Contract for sale of lands. Creation of trust ly-parol. Construction of agreement.</p> <p>Section 4780-4781, Code 1906 (Hemingway’s Code, section 3124-3125), providing that a contract for the sale of lands or a declaration of or the creation of any trust or confidence, must be in writing, signed and acknowledged, and filed with the clerk of the chancery court of the proper county for record was not violated where a deed of trust provided that the trustee should make sale of the lands, in front of the mortgagee’s store and an oral agreement was made at the request of the mortgagee to obtain better bidding, that the land was to be sold at another place, which was accordingly done.</p> <p>2. Evidence. Parol evidence. Mortgage. Stipulated place of sale.</p> <p>Such parol agreement only pertained to one of the material conditions upon which the trustee could exercise his power of sale and was a valid and lawful agreement.</p> <p>3. Moktgage. Sale under deed of trust. Place of sale. Estoppel.</p> <p>In such case the mortgagor’s statement that if the land was going to be sold, he wanted it sold at another place, where there would be some body to bid on it, upon which the land was advertised for sale at the place mentioned by him and he was duly informed of the time and changed place and made no objection and had an opportunity to be present, he by his words and conduct was estopped to now question the validity of the sale.</p>