Day v. Goodbar & Co.

Citations

• 69 Miss. 687

Syllabus

<p>Fraudulent Conveyance. Withholding deed from record. Right of creditors.</p> <p>The withholding of a trust-deed from record, though a circumstance to he considered, does not render it fraudulent per se as to third persons, who, without notice of it, extend credit to the grantor. By such failure to record, the grantee, if not a party to any fraudulent scheme, merely takes the risk of supervening rights to, or liens on, the property. Klein v. Richardson, 64 Miss., 41, cited; Hilliard v. Cagle, 46 Miss., 309, criticised.</p>