Buntyn v. Shippers' Compress Co.

Citations

• 63 Miss. 94

Syllabus

<p>1. Mechanic’s Lien. Suit to enforce. Parties to action.</p> <p>In a suit to enforce a mechanic’s lien, all persons claiming liens on the property sought to be subjected must be made parties. And if another suit to enforce a mechanic’s lien on the same property be already pending, and the petitioner in such first suit be not made a party defendant in the second suit, then his rights are unaffected by a sale under a judgment obtained in the latter suit.</p> <p>2. Same. Subsequent incumbrance. Conflict of claims.</p> <p>In a suit to enforce a mechanic’s lien on a structure, for materials furnished therefor and work done thereon, it is no answer to the petition for the defendant to say that he has acquired a title to the property sought to be subjected by virtue of a sale under a deed of trust executed by the owners of the property since the institution of the suit.</p> <p>3. Same. Right to enforce subject to paramount lien.</p> <p>Where A has a prior lien on property under a deed of trust and B has a mechanic’s lien on the same property B is entitled to enforce his lien by a sale of the property, subject to the paramount lien of A.</p> <p>4. Deed. Certificate of acknowledgment. What to contain.</p> <p>A certificate of acknowledgment to a deed which fails to show that the grantor acknowledges that he “delivered” it, is not such a certificate as will entitle the instrument to be recorded, and therefore the deed does not affect third persons having no actual notice of its existence.</p> <p>5. Same. Acknowledgment. Description of officer. Surplusage.</p> <p>Where a certificate of acknowledgment to a deed shows that the officer who made it was both a justice of the peace and a notary public, the description of him in the latter capacity may be rejected as surplusage, if at the time of taking the acknowledgment he was authorized to do so as a justice of the peace and not as a notary public.</p>