Scottish American Mortgage Co. v. Butler

Citations

• 99 Miss. 56
• 54 So. 666

Syllabus

<p>1. Deed op Tbust. Substituted trustee. Appointment. Attorney in fact. Code 1906, section -3108.</p> <p>The attorney in fact of the beneficiary of a deed of trust cannot appoint a substitute trustee, where the deed provides for the appointment, “by the beneficiary or any holder of the notes secured or their legal representatives.”</p> <p>2. Limitation op Actions. Non-residents. Absence from the state.</p> <p>Code 1906, § 3108, providing that, if after any cause of action has accrued, the person against whom it has accrued reside out of the state, the time o'f his absence shall not be taken as any part of the time limited for the commencement of the action after his return, applies only where a cause of action accrues in the state and the person against whom it has accrued goes from and resides out of the state and has no application where a non-resident alien corporation claimed adverse possession of land, when such possession was by tenant against whom ejectment might at any time have been instituted.</p> <p>3. Aliens. Right to inherit land. Common law.</p> <p>The common law, unmodified by statute or treaty, excluded an alien ■ from inheriting lands from a citizen. An alien had no inheritable blood through which title could be transmitted.</p> <p>4. Code. 1906, Section 2768. Voidable title.</p> <p>Code 1906, § 2768, does not render absolutely void title acquired and held by a non-resident alien in violation of its terms but as at common law only voidable at the instance of the state.</p> <p>5. Aliens. Adverse possession.</p> <p>Code Í906, § 2768 (Code 1892, § 2439), provides that a non-resident alien may have or take a lien on land to secure a debt and at any sale thereof to enforce payment of the debt may purchase the same and thereafter hold it not longer than twenty years, and during that time may sell the same in fee to a citizen and that all lands held or acquired contrary to such section shall escheat to the state. but a title to real estate in' the name of