Humphreys v. Merrill

Citations

• 52 Miss. 92

Syllabus

<p>tl. Bill in Equity to Rjsmoyjb Clouds : Registration of deeds. Notice.</p> <p>M. sold to H. the land in controversy in February, 1860, and executed bond for title, which bond was not recorded until September, 1867. In October, 1865, II. assigned the title bon,d to E., who, in January, 1866, in consideration of love and aifection, assigned the bond for title to Mrs. A. M. M., to whom M., in May, 1867, executed a conveyance in fulfillment of his contract with H. B. G. H. recovered a judgment against M. in October, 1860, which was duly enrolled, etc. Execution issued upon this judgment and was levied upon the land in controversy. A sale was made thereof by the sheriff, and B. G. H. became the purchaser, to whom a deed was made, etc. A bill was filed by Mrs M. to cancel this deed as a cloud upon her title, etc. Held, that a prior unrecorded deed of the judgment debtor is void as against his creditor, of which he had no notice at the date of the recovery of the judgment and the ■ acquisition of his lien; that a knowledge of the conveyance acquired subsequent to the attachment of the lien will not affect or displace it.</p> <p>:2. Registration oe Deeds : Aids. 19, 21, 23 of Code of 1857.</p> <p>All the instruments mentioned in the statutes are void as against subsequent purchasers for value and creditors without notice unless acknowledged and recorded, etc. The policy of these statutes is to make void secret sales and conveyances %vhereby purchasers and creditors without notice would be injured. As to them the statute regards the title as still in the grantor. The law imposes upon a purchaser the duty to spread the muniments of his title upon the public records. If he fails to do that, he cannot prevail against a subsequent purchaser for value, or a creditor, unless he can charge them with notice of his prior right. Creditors are put upon the same footing, as to notice, with purchasers.</p>