Wilczinski v. Watson

Citations

• 110 Miss. 86
• 69 So. 1009

Syllabus

<p>1. ■ Mortgages. Foreclosure ly sale. Defective -notice. Statute. Appeal and error. Review. Questions first raised on appeal.</p> <p>Where a sale in paix is made by a trustee under an instrument conferring a power of sale upon him under certain prescribed', conditions, a substantial compliance with the mode, manner and. time prescribed is essential to pass the title, and any disregard; , of them in any important respect will vitiate the sale.</p> <p>2. Same.</p> <p>Code 1906, section 2772, declaring that the sale of mortgaged lands, shall be advertised for three consecutive weeks preceding the sale, and that no sale shall be valid unless so advertised, regard-* less of any contract to the contrary, does not take away the right of the parties to contract for a longer period of advertisement, and where a trust deed provided for thirty days advertised' notice of sale, a sale made after only twenty-two days of publication of notice of sale did not comply with its terms and a. sale was not valid in such ease.</p> <p>3. Appeal and Error. Review. Questions first raised on appeal.</p> <p>Where complainant’s bill to recover the amount bid by defendant at a trustee’s sale foreclosing a deed of trust recited that the-advertisement of sale was made according to law for three consecutive weeks, and the deed from the trustee contained the* same recital, in such case complainant showed by his own-pleading and proof that the sale was not advertised for thirty days as required by the deed of trust, so that such question was not raised for the first time on appeal.</p>