Vaughn v. Powell

Citations

• 65 Miss. 401

Syllabus

<p>1. Homestead. Encumbrance of. Application of payments. Eights of wife; Case in judgment.</p> <p>V. executed a deed of trust on his homestead and the crops to be grown thereon for the year 1882, to secure a debt due P. The wife of Y. joined' in the conveyance. Afterwards P. agreed to furnish Y. with supplies for that year, and, subsequently, for the years 1888 and 1884; and V. agreed, that all cotton of the crop of 1882 shipped to P. from the place mortgaged! should be first credited on the account for supplies, which was done. V-having died, his widow, in a bill of complaint filed, asked that all the encumbered cotton be applied to the debt thereby secured. Held, that Y. had the right to devote his cotton encumbered by the deed of trust to payment for supplies, and that his wife had no claim inviolable as against his acts to have the cotton applied to the debt secured by the deed of trust.</p> <p>2. Trust Deed. Condition precedent. Taking possession before sale. Case in judgment.</p> <p>A deed of trust provided that, on default in payment of the debt secured, the trustee “shall, at the request of the cestui que trust, take possession of all the property conveyed under this deed, and, after giving ten days’ notice, etc., sell the same.” Held, that taking possession of the land or demanding it was not a condition precedent to the exercise of the power of sale under such deed; the language quoted authorized but did not require the trustee to take possession of the land before sale.</p>