Searles v. Kelley

Citations

• 88 Miss. 228
• 40 So. 484

Syllabus

<p>1. MoRTeAGES. Appointment of trustee. Original and substituted trustee. Laws 1896, oh. 96, p. 105.</p> <p>The appointment of an original trustee, under a powerin a mortgage, to sell property for the payment of the mortgage debt is not the appointment of a substitute trustee, within the meaning of Laws 1896, ch. 96, p. 105, requiring the appointment of substituted trustees to be in writing and duly placed of record before the sale.</p> <p>2. Same. Foreclosure. Who may pwchase.</p> <p>Where the owner executed three mortgages upon his land and then sold the equity of redemption, and the third mortgage was foreclosed, the vendee of the equity of redemption purchasing thereunder, he can acquire title, at a sale duly advertised and made, under the first mortgage as against the second mortgagee, although the latter had no actual notice of the sale.</p>