Board of Trustees v. Odom

Citations

• 100 Miss. 64
• 56 So. 314

Syllabus

<p>1. Trust. Creation. Aehnowledgment of delivery. Code 1906, section 4780. Code 1892, section 4230. Quieting title.</p> <p>Under Code 1906, section 4780 (Code 1892, section 4230), so providing every writing, declaring or creating a trust in land must he acknowledged as other writings, and lodged with the clerk of the chancery court of the proper county for record and shall take effect from the time it is so lodged for record. If such an instrument is not properly acknowledged, it cannot be recorded and such attempted trust has no effect.</p> <p>2. Quieting Title. Right of action.</p> <p>Where a trust attempted to be created fails because the deed creating the same was not properly acknowledged, the trustees are not entitled to maintain a suit to remove clouds from their title on the ground that the conveyance to them became absolute upon failure of the trust.</p>