McCaughn v. Young

Citations

• 85 Miss. 277

Syllabus

<p>1. Practice. Peremptory instruction. Review.</p> <p>Upon review of the giving of a peremptory instruction, the party against whom it was given is entitled to have all the testimony in his favor considered as true; and the giving of such an instruction is proper only where admitting all the evidence to be true and all just inferences therefrom, it is insufficient to sustain a verdict contrary to the one directed.</p> <p>2. Deed oe Trust. Trustee's power. Sale. Departure from terms of deed.</p> <p>If a trustee fail in any material particular, in making a sale under a deed of trust, to follow the terms of sale prescribed in the deed, the sale will be invalid. ■</p> <p>3. Same. Burden of proof. Presumption. Recitals in trustee's deed.</p> <p>The power of sale being shown to be in the trustee, his subsequent sale under the deed of trust is presumed to have been lawfully made, although the deed from him fails to recite the power under which he acted, or that he complied with the conditions of sale prescribed in the deed of trust; and the burden of proof to show invalidating irregularity is upon the party denying the validity of the trustee’s sale.</p> <p>4. Adverse Possession. Blements. Code 1892, 2730, 2734.</p> <p>The essential elements which are necessary to constitute an effective adverse possession are a hostile, actual, open and notorious, exclusive and continuous occupancy for the (Code 1892, §§ 2730, 2734) statutory period.</p> <p>5. Same. Actual occupancy. Notice. Hostility.</p> <p>One in possession of land, holding under a trustee’s deed purporting to convey title thereto', who notified the- grantor in the deed of trust that he had purchased and held the land as owner, occupied in hostility to said grantor, although the trustee’s sale at which he purchased was void because of some invalidating irregularity.</p> <p>6. Same. Wild land. Public acts of ownership.</p> <p>Actual occupation, cultivation, and residence are unnecessary to constitute actual possession,