Claiborne v. Holmes

Citations

• 51 Miss. 146

Syllabus

<p>1. Conveyances : Statutes of registration.</p> <p>Every conveyance, except deeds in trust and mortgages, lodged with the clerk for record within three months from the date of execution, shall take effect and be valid, so as to prevail against a purchaser or creditor, from the date of its delivery. Deeds in trust and mortgages shall be valid only from the date of deposit with the clerk for record, and have no relation back to any act or date. If the instruments to which three months are allowed for record are not registered within the time, they operate to give notice only from the date they are lodged with the clerk for record.</p> <p>2. Same : Proof thereof.</p> <p>It is competent to show by proof the exact time of acknowledgment and delivery of a deed, when this is necessary to establish its priority.</p> <p>3. Registration : Its effects as notice.</p> <p>Registration in legal intendment is conclusive notice to the parties to be affected by it. If notice of a prior unrecorded deed is communicated to a purchaser, it will prevail over a subsequent recorded deed.</p> <p>4. Same: Constructive notice.</p> <p>Possession is notice, or a fact from which notice may be inferred. A subsequent vendee with notice is a purchaser mala fide. The notice must be clearly proved. So where the evidence is to fix the notice inferentially, the circumstances must be positive, distinct and emphatic.</p> <p>5. Case in judgment.</p> <p>On the 10th of January, 1860, D. executed a deed to Mrs. D., acknowledged it January 18,1860; it was lodged for record January 30,1860. On the 14th of January, 1860, D. gave a deed in trust on same lands to S., acknowledged it January 18,1860, and on the same day it was lodged with the clerk for record. Mrs. D. was in possession of part of the locus in quo in 1859 as tenant or lessee of D. Held, that the deed to Mrs. D. being executed before the deed in trust, and being filed for record within the time allowed by the statute, relates back to and takes effe