Enochs v. Miller
Enochs v. Miller
Opinion of the Court
delivered the opinion of the court.
The deed ivas not void for uncertainty. Land described as a specified number of acres of the south, or north, or east,- or west part of a particular section, or legal subdivision of a section, is perfectly well described, and there is not the slightest difficulty in laying it off, as has been at least twice decided by this court. Bowers v. Chambers, 53 Miss. 259; McCready v. Langsdale, 58 Miss. 879.
Where a sale in pais is made by a trustee under an instrument conferring a power of sale upon him under certain prescribed terms and conditions, a substantial compliance with the mode, manner, and terms prescribed is essential to pass the title, and any disregard of them in any important respect will vitiate the sale. The making of the deed is prima facie
In the present case the defendants assumed, and successfully met, this burden by proving that the sale took place upon twenty-six days’ notice, instead of thirty, as was required by the deed of trust under which it was made. The court below properly held that the purchaser acquired no title. 2 Perry on Tr., sect. 602, p. 307 ; 2 Jones on Mort., sect. 1822 et seq.; Walker v. Brumgard, 13 Smed. & M. 763 ; Wightman v. Reynolds, 24 Miss. 681; Wade v. Thompson, 52 Miss. 367 ; Fitts v. Graham, 53 Miss. 307.
Affirmed.
Reference
- Full Case Name
- A. E. Enochs v. Abner T. Miller
- Cited By
- 14 cases
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- Published
- Syllabus
- 1. Deed. Description of land. Uncertainty. The description of land in a deed as, “107 acres in the south part of south-east quarter of sect. 22, T. 3, R. 2 west ” is not void for uncertainty, but is sufficiently accurate. 2. Deed oe Trust. Defective notice of sale. Case in judgment, A deed of trust empowered the trustee to sell and convey the land, upon condition broken, and after giving “ thirty days’ ” notice of the time, place and . terms of sale, by publication in a newspaper. After a breach of the condition of the deed of trust, the trustee published a notice of sale in a weekly newspaper for four successive weeks, and then sold the land; but the first issue of the paper containing the notice came out on the 2d of April, and the sale took place on the 28th of’the same month. Held, that the notice was not sufficient, and the sale passed no title.