Fullerton v. McBride
Mississippi Supreme Court
Fullerton v. McBride, 90 Miss. 420 (Miss. 1907)
43 So. 684
Mates
Fullerton v. McBride
Opinion of the Court
delivered th.e opinion of the court.
The deed of trust in question, executed to secure the $3,000 borrowed from the Chicago Coal & Lumber Company, is void for insufficiency in description in so far as the personalty is concerned, but good as to the timber on the land described in the deed. Therefore the court erred in not making the Southern Bank account for the value of this timber, and rendering a decree in favor of complainant for the value of same when as
For these reasons, the cause is reversed and remanded.
Reference
- Full Case Name
- Samuel H. Fullerton v. William D. McBride
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- Mortgages. Foreclosure of second. Rights under partly void first. Where'the description oí a part of the property sought to be conveyed by a first deed of trust was void and a second deed of trust on the same property accurately described the whole of it, but recited that a “part of the above property” was subject to the prior deed; and there was a foreclosure of the second deed and a purchase of all the property by the beneficiary therein, the beneficiary in the first deed, by appropriate proceedings can: — (a) Compel the purchaser to account for the value of the property accurately described in the first deed; and (5) Recover a personal decree against his debtor, the grantor in the first deed, for the sum due him after giving credit for the value of the property for which he has held the purchaser under the second deed.