Marx v. Davis

Citations

• 56 Miss. 745

Syllabus

<p>1. Deed or Trust. Substituted 'property. Chancery jurisdiction.</p> <p>Where a debtor gives a trust-deed on certain animals, and all other live stock that he may own during the year, and subsequently exchanges one of the animals named in the deed for another not embraced therein, the trustee can maintain a bill in chancery to foreclose the deed of trust by the sale of the substituted animal.</p> <p>2. Same. Action at law. Foreclosure in chancery.</p> <p>The fact that a trustee or mortgagee, after condition broken, may sue at law for the mortgaged property, does not preclude him from filing a bill in chancery for the foreclosure of the deed of trust or mortgage, and the sale of the property.</p> <p>3. Chancery Practice. Remanded case. Mandate.</p> <p>The chancellor to whose court a case has been remanded may read the papers in such case, in order to understand and execute the mandate.</p>