Williams v. Dreyfus

Citations

• 79 Miss. 245

Syllabus

<p>1. Deed of Trust. Trustee’s sale. Code 1892, ? 2484. Place of sale.</p> <p>A deed of trust authorizing’ the trustee to sell the property conveyed for cash, at public auction, “at Jackson or any suitable place,” after giving thirty days’ notice of the time, place and terms of sale by posting written notices in three public places in the county, is not silent as to the terms, place of sale and mode of advertising, within the meaning of code 1892, $ 2484, providing that, in cases where deeds of trust are silent in these particulars, sales under them shall be made as sheriff’s sales of like property are required to be made.</p> <p>2. Same. Possession of'trustee. Demand.</p> <p>It is not a prerequisite to a valid sale under a deed of trust that the trustee should either take or demand possession of the property, although the deed provides that, if default be made, the trustee shall take possession and sell, and, further, that, if he, at any time, believes the property endangered as security, he shall take possession and hold until payment is made or until sold, but, until demanded by the trustee, the grantor may retain possession.</p>