Yellowly v. Beardsley

Citations

• 76 Miss. 613

Syllabus

<p>1. Deed oe Trust. Notice of trustee's sale. Essentials of.</p> <p>The essentials of a notice of sale under a trust deed are statements of the time, place and terms of sale and such a description of the property to be sold as, if read by persons familiar with the neighborhood. will advise them what is to be sold and the terms upon which it can be bought.</p> <p>2. Same. Pwrpose of notice.</p> <p>The purpose of notice is not only to notify the grantors in the deed • of trust, but the public, that the property may bring a fair price.</p> <p>3. Same. Case at bar.</p> <p>A notice of sale, under a deed of trust, given by a substituted trustee, which describes the property to be sold only by referring to it as conveyed by the deed,- as recorded, giving the book and page of the county land deed records, is insufficient to pass title at a sale made thereunder.</p> <p>i. Same. Subsequent mortgagees. Sale under defectnroe notiee.</p> <p>Subsequent mortgagees and those holding under them can question the sufficiency of the notice of sale under a prior deed of trust.</p> <p>5. Same. Rights of purchaser under void notice.</p> <p>In such case the purchaser under the prior deed should be subrogated to the rights of a prior mortg-agee to the amount of his money, with interest, which went to the satisfaction of the prior lien.</p>