Rutherford v. Eastman, Gardiner & Co.

Citations

• 133 Miss. 289
• 97 So. 670
• 1923 Miss. LEXIS 140

Syllabus

<p>1. Mobtgases. Trustee under mortgage or deed of trust in pais may sell any or total portion of lands, not exceeding one hundred and sixty acres, sufficient to pay debt.</p> <p>Where a sale is made under a mortgage or' deed of trust in pais, where the la^nd sold does not exceed one hundred and sixty acres, and where the deed of trust does not stipulate how the sale should be made, the trustee may select all or a part of the lands to be sold, and is not required to sell by forty acre lots; he may sell all (not to exceed one hundred and sixty acres) at one time, or he may offer less that the whole tract without violating this section, so long as the part offered brings sufficient to pay the debt and expenses of sale.</p> <p>2. Equity. Decree decided after intervention of term talcen under advisement held not void.</p> <p>Under section 506, Code of 1906 (Hemingway’s Code, section 262), providing that chancellor may take a case under advisement to be decided, and decree rendered in vacation, and under the chancery practice of setting cases down for hearing on the request of the parties or the direction of the court as provided in sections 514, 615, Code of 1906 (Hemingway’s Code, sections 271, 272), where a chancellor takes an order taking a case unde--advisement to be decided in vacation, and a term of court intervenes before decision, but the cause is not set down for hearing during the term, and a decree is thereafter rendered in vacation after notice to the parties and without objection, such decree is not void, and judgment will not be reversed for that reason alone.</p>