Melsheimer v. McKnight

Citations

• 92 Miss. 386
• 46 So. 827

Syllabus

<p>1. Deeds oe Trust. Trustee’s sales. Oode '1892, § 2484. It., § 3486. Time and manner of sale.</p> <p>A deed of trust fixing the place of sale and stipulating that “notice and manner of sale to he as provided by law where no provision is made in the contract:”—</p> <p>(а) Is not wholly within Code 1892, § 2484, requiring sales under mortgages with power of sale and deeds of trust, silent as to the place and terms of sale and mode of advertising, to be made as sheriffs sales of like property are made; 'but</p> <p>(б) By the contract the statute last cited and Code 1892, § 3486, regulating sheriffs sales of land, govern as to notice and manner of sale, leaving the day (but not the hour) of sale, after proper notice, to the discretion of the trustee.</p> <p>2. Ejectment. Judgment. Parties concluded. Res adjudicata. Landlord. Sut-ienant.</p> <p>A landlord, no.t made a party to and not having notice of an action in ejectment against a sub-tenant, is not affected by the judgment.</p>