McCarley v. Board of Supervisors

Citations

• 58 Miss. 483

Syllabus

<p>1. Deed of Trust. Want of title in grantor. Insufficient description of land. Estoppel.</p> <p>Where the purchaser of land, bought at a sale under a deed of trust executed by a third person, gives his own deed of trust on the land thus bought, to secure the purchase-money bid by him, he cannot, while claiming title through such sale, prevent the enforcement of his deed of trust on the ground that the trustee had no power to make the sale at which ho purchased, and he, therefore, acquired no title, nor that the deed of trust which it is sought to enforce is void because of an insufficient description of the land, such description being the same as that contained in the deed under which ho claims title.</p> <p>2. PROlirssoRX STote. Intended to be sealed. Omission to affix seal. Effect thereof.</p> <p>A promissory note given by M. for the payment of a certain sum of money concluded with these words: “ Witness my hand and sea], this 11th day of J uly, 1872.” But no seal was affixed. After the expiration of six years from the maturity of the note, M. sought to enjoin its collection by setting up the statute of limitation of six years as against an unsealed instrument. Held, that the note shows that it was intended to be made a sealed instrument, and the accidental failure to affix the seal cannot defeat the intention of the parties, but the note must be treated as a sealed instrument.</p>