McDonald v. Vinson

Citations

• 56 Miss. 497

Syllabus

<p>1. Chancery. Jurisdiction. Deed of trust, with power of sale.</p> <p>A power of sale in a mortgage or deed of trust does not affect the jurisdiction of a court of chancery over such instruments, nor abridge the right of the beneficiary to resort to that court for the enforcement of his security.</p> <p>2. Deed oe Trust. Power of sale, appointment of trustee, etc. Effect.</p> <p>A power of sale, or for the appointment of a new trustee, or other like power, in a mortgage or deed of trust, enlarges the right of the donee, but does not diminish it.</p> <p>3. Same. Jurisdiction of chancery. Condition broken.</p> <p>After a breach of the conditions of a mortgage or deed of trust, the cestui que trust may resort to a court of chancery for its enforcement, without alleging any other ground therefor than such breach.</p> <p>4. Same. Foreclosure. Statute of Limitations.</p> <p>Where the trustee in a deed of trust cannot execute the trust for want of time to advertise the sale before the bar of the Statute of Limitations, it may be enforced by a bill in chancery, filed at any time before such bar.</p>