Weir v. Jones

Citations

• 84 Miss. 602

Syllabus

<p>Chanceby Pleadinos. Fraud. Facts must be pleaded. 1.</p> <p>A bill in equity, to set aside a sale under a deed of trust on tbe ground of fraud, is demurrable, if it fail to state the facts of which the charge of fraud is predicated.</p> <p>2. Same. Trust deed. Foreclosure. Notice.</p> <p>A bill in equity to set aside a sale of lands is demurrable, if it . admit that the lands were regularly sold, under a valid deed of trust, for the collection of a just and past due debt, and that complainants knew of the sale in ample time to have enjoined the same on any valid objection, although it charge that the sale was the result of a conspiracy between the trustee and the holder of a junior mortgage on the land, and that the beneficiary in the deed of trust did not desire to foreclose the deed when the sale was made.</p> <p>3. S ame. Substituted trustee. Duty.</p> <p>Where the beneficiary in a deed of trust regularly appointed a substituted trustee, by a writing containing a direction that the trustee proceed to foreclose the deed, it is the duty of the trustee to proceed as directed.</p> <p>4. Same. Tender of interest.</p> <p>The trustee in a deed of trust to secure a past due debt is not required to postpone a duly advertised sale of the property because the debtor tenders part payment, the interest, in the absence of any provision to that effect in the deed.</p> <p>5. Same. Foreclosure. Agreement until junior incumbrancer.</p> <p>If the beneficiary in a deed of trust had the right to have it foreclosed when the sale was made, the fact that it was made as the result of an agreement with a junior incumbrancer in no way affects its validity.</p> <p>6. Same. Junior mortgage.</p> <p>Where a senior lien is duly enforced by the sale of land the validity of the sale is not affected by the invalidity of a junior mortgage.</p>