81 Tenn. 197 | Tenn. | 1884
delivered the opinion of the court.
Bill to sell land under a trust deed to secure the com-yplainant’s debt. The principal question raised by the
The exception that the debt was barred by the statute of limitations is not well taken, for no ’ such defense is made either "by McCain, the debtor, or the complainant. And the possession of both being in subordination to the lien, the statute has never begun, to run: Gudger v. Barnes, 4 Heisk., 570.
The third exception is, however, well taken. The trust deed of . the complainant expressly ' provides that in case of default the land shall be sold for cash, free from the equity of redemption. The Referees direct the sale to be made on time, and there is a decision of this court sanctioning such a decree in a similar case t Frierson v. Blanton, 1 Baxt., 272. But this decision has been repeatedly overruled in unreported cases, upon the obvious ground that the contract is authorized by statute and that the obligation thereof cannot be interfered with in the abseuce of some controlling equity. The costs of this court were rightly adjudged, the defendant, Owens, having by her appeal reversed the chancellor’s decree.
Exceptions disallowed and report confirmed, with the modification that the sale shall be for cash.