Joseph L. Moyse & Bro. v. Louis Cohn & Bro.
Mississippi Supreme Court
Joseph L. Moyse & Bro. v. Louis Cohn & Bro., 76 Miss. 590 (Miss. 1898)
Whitfield
Joseph L. Moyse & Bro. v. Louis Cohn & Bro.
Opinion of the Court
delivered the opinion of the court.
Hill v. Boyland, 40 Miss., 618, and Harlow v. Mister, 64 Miss., 25, are decisive that the trustee is a necessary party. The very argument ingeniously pressed by learned counsel for appellant here was made and disallowed in Harlow v. Mister. There is no merit in the other contentions.
Affirmed.
Reference
- Status
- Published
- Syllabus
- 1. Chancery Court. Venue. Code 1892, £ 510. A trustee in a deed of trust is a necessary party defendant witli in the meaning of code 1892, g 510, on the subject of venue in equity suits. Hill v. Boyland, 10 Miss., 618; Han’low v. Mister 61 Miss., 25. 2. Same. Foreclosure. Deed of Trust. A bill to foreclose a deed of trust may be filed in the chancery court ■of the county where the trustee in the deed resides, although the property be without the county and. all other defendants reside elsewhere.