Fuller v. Davis

Mississippi Supreme Court October 15, 1885

Fuller v. Davis, 63 Miss. 78 (Miss. 1885)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The assignee of the note was not the “ legal representative ” of the payees, so as to be entitled to substitute a trustee under a provision in a deed of trust authorizing the payees “ or their legal representatives ” to appoint another trustee. An assignee claims in his own right, and not in a representative character.

Afirmed.

Reference

Full Case Name: C. M. Fuller, Trustee v. J. L. Davis
Cited By: 3 cases
Status: Published
Syllabus: Deed or Tbust. Power to appoint new trustee. Assignee not a “ legal representative.” The assignee of a note and deed of trust securing the same is not authorized to appoint a new trustee, by a provision in the deed empowering the cestuis que trust “or their legal representatives” to make such appointment.