Davis v. O'Connell

Decided March 15, 1908

Mississippi Supreme Court · decided 1908-03-15

Erom the circuit court of Lamar county. Hon. William H. Cook, Judge. O’Connell, appellee, was plaintiff in the court below; Davis, appellant, was defendant there. The suit was an ejectment to recover lands purchased by the plaintiff at a sale under a deed of trust executed by defendant and his wife to the trustee in March, 1906, before the Code of 1906 became operative.

Cited by 4 later decisions — most recently September 1946

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1908-03-15

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Mayes, J.,

¶1delivered the opinion of the court.

¶2This case is controlled by the case of Melsheimer v. McKnight, post -, 46 South., 827, as to the right of the trustee to name the time and place of sale.

¶3It only remains for us to say that Code 1906, § 2772, providing that sale of lands under deed of trust shall be advertised for three consecutive weeks preceding the sale in a newspaper published in the county, etc., has no application to instruments executed before its enactment.*

¶4The former judgment reversing this case is vacated, and a judgment now ordered to be entered affirming the case.

¶5Affirmed.

¶6 “The reporter has treated the briefs of counsel in this case, filed on a suggestion of error to the vacated judgment, as if filed before the first and vacated decision was rendered.