Scruggs v. Northern

Citations

• 123 Miss. 169
• 85 So. 89

Syllabus

<p>1; Morgages. Prayer of complaint in foreclosure may be withdrawn, although joined in by answer and cross-bill.</p> <p>A bill of complaint, praying for the foreclosure of a deed of trust by the sale of the property therein described, may be amended so as to withdraw the prayer thereof, although the defendant by answer and cross-bill has joined in such prayer.</p> <p>2. Equity. When offer in bill of complaint becomes irrevocable by acceptance.</p> <p>When an offer tendered in a bill of complaint is irrevocable after acceptance by the defendant, such acceptance, in order to have that effect, must be in the terms of the qffer.</p> <p>3. Mortgages. Deed of trust held to permit appointment of substitute 7trustee by assignee of debt.</p> <p>A provision in a deed of trust that in event the trustee therein shall decline to execute the trust it shall be lawful for the beneficiary therein, his executor, administrator, or assigns, under his hand and seal, to appoint a substitute trustee to execute the trust does not require such an appointment to be under the hand and seal of the original beneficiary, but may be made by an assignee of the debt secured by the deed of trust.</p> <p>4. Mortgages. Appointment of substitute trustee by assignee of debt valid, though assignment not noted on record.</p> <p>The appointment of a substitute trustee in a deed of trust by an assignee of the debt thereby secured when authorized by the deed of trust is valid, although the assignment of the debt is not noted on the record of the deed of trust-as required by sections 2794 and 2795, Code 1906 (sections 2295 and 2296, .Hemingway’s Code).</p>