Weaver v. Turner

Citations

• 125 Miss. 250
• 87 So. 641

Syllabus

<p>1. Courts. Act fixing term, of chancery court held not repealed.</p> <p>The provision of chapter 262, Laws 1916, that the chancery court of George county shall convene on the fourth Monday of January and continue in session six days, was not repealed by chapter 257, Laws 1916.</p> <p>2. Appeal and Error. Objection to revivor in administrator’s name. cannot be made for first time on appeal.</p> <p>Since a suit to cancel a cloud on title may, under some circumstances, be revived on the death of the complainant in the name of his administrator (Grisooe v. Adams, 85 So. 119), an objection to such a revivor cannot be made for the first time in the supreme court on appeal.</p> <p>3. Trusts. Agreement by complainant on foreclosure to apply certain proceeds to personal judgment held to create a 'trust.</p> <p>An agreement by the complainant in a suit to foreclose a mortgage, and who has bid in the land covered thereby at the sale thereof under the foreclosure decree/that if an'objection to the confirmation .of the sale made by the defendant who owns the land be withdrawn he will sell the land and apply the proceeds in excess of the amount to be paid by him therefor and credited on the amount found to be due him by the defendant to the payment of a personal judgment rendered against the defendant in the foreclosure decree, makes him, on the withdrawal of the objection and confirmation of the sale, a trustee of the land for the purpose stipulated in the agreement, and until he complies therewith a court of equity will not permit him to cause the personal judgment rendered against the defendant to he satisfied by the sale of other property of the defendant.</p>