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KAISER INVESTMENTS, INC. v. DAVIS

No. 59089.

538 So.2d 427 (1989)

KAISER INVESTMENTS, INC. v. Howard Q. DAVIS, Jr., as Trustee and Agent for Virginia Bob Mahaffey, Arthur Owen Ringold, Powell D. Mahaffey, Jr., Arthur J. Mahaffey, Barbara Ann Mahaffey Bell, Arthur Owen Ringold, Jr. and Cynthia Louise Ringold.

Supreme Court of Mississippi.

Rehearing Denied February 22, 1989.

Attorney(s) appearing for the Case

James E. Upshaw, F. Ewin Henson, III, Upshaw, Williams, Biggers, Page & Kruger, Greenwood, for appellant.

Randolph Noble, Jr., Robertshaw, Terney, Noble & Smith, Greenville, for appellees.

Before ROY NOBLE LEE, C.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This case concerns the legality of a fee sought to be charged by the trustee in a land deed of trust, but who is also an attorney, incident to a foreclosure which was commenced but never consummated. We hold that fees may be allowed only as provided by the contract documents. Because the Court below failed to respect this premise, we reverse and remand.

II.

Kaiser Investments, Inc., a Mississippi corporation...

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