If a deed of trust or mortgage, with a power of sale, be silent as to the place and terms of sale and mode of advertising, a sale may be made after condition broken, for cash, upon such notice, and at such time and place as is required for sheriff’s sale of like property. But all such sales shall be made in the county where the land is located, or in the county of the residence of the grantor or one (1) of the grantors, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole, or any part thereof, in either county in which a part of the land lies.
Miss. Code Ann. § 89-1-57
Deed of trust or mortgage; how sale made when terms not specified
Applied in 3 court decisions — leading case United States v. Irby (1980)
Most recently applied in 741 So. 2d 1041 - Anderson v. Kimbrough (June 1999)
Codes, 1880, § 1237; 1892, § 2484; 1906, § 2821; Hemingway’s 1917, § 2322; 1930, § 2169; 1942, § 891; Laws, 1896, ch. 109.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.