Smith v. Kirkland

• Decision Date: 03 December 1906
• Citation: Smith v. Kirkland, 89 Miss. 647, 42 So. 285 (Miss. 1906)
• Court: Mississippi Supreme Court
• Parties: AMANDA SMITH v. SAMUEL H. KIRKLAND

42 So. 285

89 Miss. 647

AMANDA SMITH v. SAMUEL H. KIRKLAND

Supreme Court of Mississippi

December 3, 1906

November 1906

FROM the chancery court of Scott county, HON. JAMES L. MCCASKILL Chancellor.

Mrs Smith, the appellant, was complainant in the court below Kirkland, the appellee, was defendant there. From a decree in defendant's favor the complainant appealed to the supreme court.

The object of the suit was to cancel defendant's claim of title to the land in controversy. Defendant held the land under a trustee's deed made in pursuance of a sale foreclosing a deed of trust; the trustee's deed recited that the notices provided for in the trust deed had been duly given.

Complainant, who claimed by inheritance from the grantor in the deed of trust, did not offer evidence controverting the recital of the trustee's deed on the subject of notice, but the defendant offered testimony on that subject and failed to prove that the notices were duly posted, as required by the deed of trust, at three public places in the county; in fact, the testimony tended to show that only one notice of the sale was posted.

Watkins & Watkins, and Robert B. Ricketts, for appellant.

O. R. Singleton, and McWillie & Thompson, for appellee.

OPINION

WHITFIELD, C. J.

If app...