Summary

Robert Trimble Newman Jackson — Opinion of the Court

We do not think there is any thing in the first ground assumed by the counsel for the plaintiff in error. Whether the conveyance from Bronaugh to Moncure be regarded as a mortgage, as contended for by the counsel, or as a deed of trust, in the usual and technical sense of the term, there can be no doubt it vested in Moncure the legal title to the premises; and his conveyance of the premises by deed to the appellee, if regularly made, must necessarily be regarded in a Court of law, as investing the appellee with the legal title.
Source: Wikisource

Robert Trimble Newman Jackson — Opinion of the Court

It is sufficient if, upon the whole matter, it appears calculated reasonably to apprize the public of the property intended to be sold. We think the notice sufficient for that purpose, notwithstanding the inaccuracy of describing the property as being in 'Peter, Beatty, Threlkeld, and Deakins' addition,' instead of 'Threlkeld's addition.' It could not mislead those who did not know the precise limits of these respective additions, and they were, to those who might wish to purchase, of so little consequence, as scarcely to form a subject of inquiry.
Source: Wikisource

Robert Trimble Newman Jackson — Opinion of the Court

Common sense would dictate, to every one who read the notice, that the less important, obscure, and indefinite part of the description, which, whether true or false, did not fix and give locality to the lot intended to be described, ought to yield to that palpable and notorious description, in reference to the public streets and highways of the town, which gave it positive locality.
Source: Wikisource

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