Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they are holden or possessed as they would have been subject to them if the person had owned the like interest in the thing holden or possessed as he may own in the uses or trusts thereof, whether the trusts be fully executed or not. Said estates may be sold under execution at law, so as to pass whatever interest the cestui que trust may have; and, before a sale under a mortgage or deed of trust, the mortgagor or grantor shall be deemed the owner of the legal title of the property conveyed in such mortgage or deed of trust, except as against the mortgagee and his assigns, or the trustee after breach of the condition of such mortgage or deed of trust.
Codes, 1857, ch. 36, art. 12; 1871, § 2295; 1880, § 1204; 1892, § 2449; 1906, § 2779; Hemingway's 1917, § 2283; 1930, § 2128; 1942, § 849.
Notes of Decisions
Martin v. USDA Rural Hous. Serv. (In Re Martin), 276 B.R. 552 (Bankr. N.D. Miss. 2001).
· cites it 4× “The second Mississippi statute pertinent to the matter presently before the court is Miss.Code Ann., § 89-1-43, which, for reference purposes, provides as follows: § 89-1-43.”
Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999).
“Our conclusion that Mississippi follows the intermediate theory is based on the supreme court's interpretation given to a long-existing statute. For over 100 years a statute has provided that "the mortgagor or grantor shall be deemed the owner of the legal title .”
Sligh v. First Nat. Bank of Holmes Cnty., 704 So. 2d 1020 (Miss. 1997).
“The Slighs cite Miss. Code Ann. § 89-1-43 (1991), first enacted in 1824 and amended in 1857, which provides in part: Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they…”
Clayton Hinton v. Nate Rolison, 175 So. 3d 1281 (Miss. 2015).
“” Page five (5) of the Deed of Trust (Rights and 2 Miss. Code Ann. § 89-1-43 (Rev. 2011): Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they are holden or possessed as…”
Tally Arms Condo. Ass'n v. Breland, 854 So. 2d 28 (Miss. Ct. App. 2003).
“There are numerous hen statutes that separately address specific categories of property and relationships with it.”
Unknown.
“June 29, 1999) (en banc) (slip opinion); Miss. Code Ann. § 89-1-43 (Rev. 1991). Application of the modern rule is particularly appropriate in an intermediate theory state.”
William B. Sligh v. First Nat'l Bank of Holmes Cnty. (Miss. 1995).
“The Slighs cite Miss. Code Ann. § 89-1-43 (1991), first enacted in 1824 and amended in 1857, which provides in part: Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they…”
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