Polle v. Rouse

Citations

• 73 Miss. 713

Syllabus

<p>1. Deed oe Trust. Property covered. Machinen-y purchased by tenant. Vendor’s retention of title. Purchaser at trustee’s sale.</p> <p>Wliere a deed of trust upon lands contains a stipulation that all machinery on the premises, or that might be afterwards put thereon, shall be covered by it, and the grantor’s tenant in possession buys and places thereon machinery, the title to which is re- ' tained by the vendor until payment of She purchase money, a purchaser of the land at foreclosure sale acquires no such right as will enable him to resist the vendor’s action of replevin for the machinery, on default in the payment of the price thereof.</p> <p>2. Same. Substituted trustee. Appointment.</p> <p>Where a deed of trust upon lands provides that, upon the death, removal, etc., of the trustee named therein, the beneficiary may, by “a duly executed deed of appointment duly recorded in the county,” etc., appoint another trustee in his place, a foreclosure sale, made by one whose appointment is not otherwise shown than by a recital in his deed to the purchaser of an appointment, “in writing,” confers no title upon the purchaser, who has only a right of substitution to the debt discharged by the money he paid.</p>