Bank of Mobile v. Tishomingo Savings Institution

Citations

• 62 Miss. 250

Syllabus

<p>1. Mortgage. Absolute deed recorded. Defeasance unrecorded. Judgment creditor.</p> <p>The failure of the grantor in an absolute deed of conveyance which has been recorded to have a separate defeasance executed by his grantee also recorded, does not give to such instruments the character of an unrecorded mortgage and entitle a judgment creditor of such grantor having no actual notice thereof, to subject to his judgment the property thus conveyed.</p> <p>2. Same. Inform of absolute deed. As evidence of fraud.</p> <p>An absolute conveyance intended to operate only as a mortgage is not conclusive evidence of an intention on the part of the grantor and grantee to defraud the creditors of the former, but is a fact to be considered in determining the question of fraud, and entitled to such weight as the surrounding circumstances may indicate.</p>