Chaffe v. Halpin & Bonham

Citations

• 62 Miss. 1

Syllabus

<p>1. Deed. When necessary to record. Ch-editors and purchasers affected thereby.</p> <p>The creditors and purchasers as to whom an unrecorded deed of which they have no notice is void, under our statute, are only creditors of and purchasers from the grantor in the deed. As to all others, recording is not necessary to the validity of the deed.</p> <p>2. Same. Who not creditors of grantor.</p> <p>The judgment creditors of one who in fraud of their rights has procured the title to a tract of land to be taken in the name of his wife are not the creditors of the wife, and her conveyance of such title to a bona fide purchaser is valid against them, though they have no notice by record or otherwise of its existence, if it be made before they have acquired a lien on the land by the filing of a creditor’s bill in chancery and the service of a summons upon the defendants, as provided by statute.</p> <p>3. Same. Presumption as to delivery.</p> <p>The delivery of a deed is presumed to be contemporaneous with its date, in the absence of evidence to the contrary.</p> <p>4. Purchaser. Whether bona fide or volunteer.</p> <p>The purchaser under a decree, in favor of a husband’s creditors, subjecting land which he has caused to be fraudulently conveyed to his wife, to the payment of their judgments, is not a bona fide purchaser from the wife, but is as to her a mere volunteer.</p>