Bramlett v. Wetlin

Citations

• 71 Miss. 902

Syllabus

<p>1. Assignment. Record debt. Cancellation. Code 1892, ? 2461; not retroactive.</p> <p>Section 2461, code 1892, providing- that an assignment of a debt secured by mortgage or other lien of record, unless noted on the margin of the record, shall be ineffectual to prevent a cancellation thereof on the record by the original creditor as against creditors and purchasers for value without notice, has no application to assignments made before the code went into effect.</p> <p>2. Assignment op Judgment. Prior vendor’s lien. Cancellation by vendor.</p> <p>Where land- is subject to a judgment lien and to a prior vendor’s lien, which has been assigned, and a person buys the judgment on the mistaken assurance of the vendor that the purchase-money is paid, and procures him to satisfy the lien of record, such unauthorized cancellation will not release the vendor’s lien outstanding in the assignee. Nor will a purchase of the land at execution sale under his judgment, though without notice of the assignment of the vendor’s lien, give such person any higher right, since he gets only the interest of the defendant in execution.</p>