Washburne v. White

62 Miss. 545

Opinion

Cooper, J.,

delivered the opinion of the court.

It was error to exclude the evidence offered for the purpose of proving that all of the lot was not sold by the trustee, Jayne. He had no authority to convey except in consummation of a sale made under the deed, and if there was no sale of the portion of the lot in controversy in this suit, no title to it passed by his conveyance. The judgment is reversed.