Provine v. Thornton

Citations

• 92 Miss. 395
• 46 So. 950

Syllabus

<p>1. Deed oe Trust. Trustee's sales. Constitution 1890, sec. Ill; Code , 1892, § 2443. Lands. Single tract. What is?</p> <p>Lands, if used or occupied as, or if they naturally constitute, one farm, are a single tract within the meaning of Constitution 1890, sec. Ill, regulating sales under executions and decrees, and Code 1892, § 2443, extending the constitutional provision to sales under deeds of trust and mortgages with power of sale, and should be offered for sale as a whole, although a part may be separated from the balance.</p> <p>2. Same. Substituted trustee. Laws 1896, p. 105, ch. 96.</p> <p>Under Laws 1896, p. 105, ch. 96, requiring written evidence of the substitution of a trustee to be placed of, record, the substitution must precede the sale and the record must furnish to the purchaser evidence of title such as would be good in ejectment.</p> <p>3. Same. Facts examined.</p> <p>Facts of the case examined and adjudged to fall short of constituting a sufficient record of a substitution of a trustee,</p>