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eBook details

• Title: Luvene v. Waldrup
• Author : In the Supreme Court of Mississippi
• Release Date : January 09, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Mortgages on Real Property — Foreclosure — Stay of Proceedings Under Moratorium Statute — When Stay Unauthorized — Appeal and Error — Equity Cases — When Supreme Court will Make Own Decision Irrespective of That of District Court. Mortgages on Real Property — Foreclosure — Moratorium — Stay of Proceedings Under Chapter 116, Laws of 1933 — Constitutionality. 1. Quaere: Is Chapter 116, Laws of 1933, authorizing the district court in proceedings for the foreclosure of mortgages on real estate to stay proceedings until its further order, unconstitutional as impairing the obligations of contracts, in the absence of any legislative Page 583 declaration that it was intended as an emergency statute, in the exercise of the states police power, for the protection of its citizens? Statutes — Constitutionality — When Only Supreme Court will Pass on Validity. 2. The supreme court will not pass upon the constitutionality of a statute unless necessary to a decision of the case before it. Mortgages on Real Property — Foreclosure — Stay of Proceedings — Mortgage Including Personal Property — Stay Under Above Statute Unauthorized. 3. Under Chapter 116, Laws of 1933, authorizing the district court in real estate mortgage foreclosures prior to sale to stay proceedings, if in its discretion it deems it advisable, an application was made in an action in which a real estate mortgage and one on personal property were foreclosed together and an order made with the consent of the parties that both classes of property should be sold in one lot or parcel. The court granted the stay. Held, that since the Act authorizes a stay only in cases where real property is involved, the inclusion of personal property rendered the stay improper. Appeal and Error — Equity Cases — When Supreme Court in as Favorable Position to Make Decision as was District Court. 4. Where the evidence in an equity case presents no dispute in the facts, the supreme court is in as favorable a position to apply the law to the facts as was the district court, and will do so in arriving at its decision.

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