McDonald v. Kamper

Citations

• 89 Miss. 221
• 42 So. 877

Syllabus

<p>1. Mortgages. Debt. Consideration. Sale. Injunction. Equity.</p> <p>Where a part of a debt, for the payment of 'the whole of which a sale under a deed of trust is advertised, is without consideration, ■a bill to enjoin the sale averring such state of case is not demurrable on the ground of want of equity.</p> <p>2. Same. Amount due. Tender.</p> <p>The absence of a tender of the amount admitted to be due by complainant does not aid a demurrer for want of equity in a bill to enjoin a sale under a trust deed to pay notes which are averred to be in part without consideration.</p>