McSwain v. Young

Citations

• 111 Miss. 686
• 72 So. 129

Syllabus

<p>Mortgages. Valid exercise of power of, sale. Presumption. Sale under power. Notice. Statutes.</p> <p>While ordinarily the presumption is to be indulged that the trustee did everything necessary for a valid exercise of the power of sale yet this presumption is destroyed where a defendant in ejectment claiming under a trustee’s deed, affirmatively shows that the three weeks’ notice of sale provided for under Code 1906, section 1607, was not given.</p>