Polk v. Dale

Citations

• 93 Miss. 664
• 47 So. 386

Syllabus

<p>1. Deeds oe Trust. Sales. SubstiUited trustee. Laws 189C, ch. 103, p. 109.</p> <p>Under laws 1896, ch. 103, p. 109, relating to the, sale of lands by substituted trustees in deeds of trust, a sale by a substituted trustee is void if made before the substitution was placed of record.</p> <p>2. Same. Deed designating unlawful .place. Code 1892, § 2484.</p> <p>Where a deed of trust by its terms provided for a sale of the land out of the county where situate, contrary to the statute in force at the time, laws 1896, ch. 103, p. 109, the sale, so far as concerns place should be made under Code 1892, § 2484, Code 1906, § 2821, providing that if a trust deed be silent as to the place and terms of sale and mode of advertisement the sale may be made upon such notice and at such time and place as is required for sheriff’s sales of like property; but the provisions of the deed as to time, terms and mode of advertising should be followed, since the invalid provision of the deed does not affect its valid provisions.</p> <p>3. Same. Power of substituted trustee. Second sale.</p> <p>A substituted trustee in a deed of trust is not deprived of power by a void sale, made before the substitution was placed of record, and he may, after recording the substitution, re-advertise and make a valid sale.</p>