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· 10/15/1921

Steiner v. Rotenberry

Citations

  • 127 Miss. 569
  • 90 So. 250

Syllabus

<p>1. Mortgages. Partner managing partnership business may appoint substituted trustee under power given firm.</p> <p>Where a person giving a deed of trust to a partnership provides that on the refusal of the trustee therein named to act that the creditor, the partnership, may appoint a substituted '■’•vistee with power to act, the manager of such partnership, who is a partner in said partnership, may appoint, in the name of the firm, a substituted trustee to act therein; the trustee originally appointed having refused to act as such trustee.</p> <p>2. Mortgages. Bookkeeper of grantee partnership may witness execution and delivery of trust deed.</p> <p>A bookkeeper of a partnership having no legal or equitable interest in the debt secured or the property conveyed, and having no interest in the business, is a competent subscribing witness to prove the execution and delivery of the deed of trust so as to be entitled to be recorded.</p>

Judges: Ethridge

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