McNeill v. Lee

Citations

• 79 Miss. 455

Syllabus

<p>1. Deed of Trust. Substituted trustee. Power of appointment,</p> <p>Authority to appoint a substituted trustee under the terms of a deed of trust is a strict power, and can only be exercised upon the happening of the precise event specified in the deed.</p> <p>2. Same. Void appointment. Effect of.</p> <p>Where a deed of trust empowered the beneficiary to appoint a substituted trustee if for any cause the trustee named “should not .be present, able, and willing to execute the trust,” the appointment of a substitute, the trustee being “ present, able, and willing to execute the trust,” is void, and does not affect the rights of the trustee to act and make sale under the deed.</p> <p>3. Same. Poioer to sell is power to convey.</p> <p>Power in a trustee to sell lands, although by the terms of the deed of trust the legal title is invested in the beneficiary, authorizes the trustee to convey to the purchaser.</p> <p>4. Chanceey Practice. ExMbits. Code 1892, 1528. Demurrer.</p> <p>Under code 1892, $ 528, making an exhibit to a bill in equity a part thereof, if an averment of the bill be contradicted by the exhibit (no explanation being made of the contradiction) the fact will be taken on demurrer, to be iu conformity with the exhibit.</p>