Harrington v. T. H. & J. M. Allen & Co.

Citations

• 48 Miss. 492

Syllabus

<p>1. Mortgages — deeds — priorities — notice — chancery practice. — Where a mortgage on real estate was made to a creditor on the 18th of August, 1866, and recorded on the 9th of April, 1867, and the mortgagor conveyed the same property to another on the 11th of January, 1867, and the deed was recorded on the 6th of April, 1867, the later deed has priority if the grantee therein had no notice of the mortgage at the time of taking the conveyance. But otherwise, if he had notice, actual or constructive. And upon the question of notice, in such case, if the testimony is contradictory and the decision of the chancellor not contrary to the weight of evidence, the supreme court will not disturb his decision.</p> <p>2. Priority of deeds — notice.—The basis of the doctrine of notice is, that it would be unconscientious and fraudulent for a junior purchaser to defeat a prior conveyance or incumbrance of which he has knowledge.</p> <p>3. Same — mesne conveyances. — It is a rule that if a person purchase with notice of a prior conveyance, but purchases from one who purchased without such notice, the purchaser with notice may shelter his purchase under the protection which the law affords to the first purchaser. Because, otherwise, a bonajide purchaser might be hindered in the sale of his property and compelled to keep it. And so, also, if an outstanding equity be made known to the first purchaser, his vendee for value, without notice, shall be shielded on account of his own good faith.</p>