Loughridge v. Bowland

Citations

• 52 Miss. 546

Syllabus

<p>1. Praud: Fraudulent conveyance. Feed. Acknowledgment. Registry.</p> <p>A deed purporting to convey lands, wlaicla is not acknowledged but merely attested by a subscribing witness, and not proved by the witness, is incomplete, and the registration of such deed is a nullity, and it is not notice to creditors or purchasers. The registration of deeds was adopted as a substitute for the livery of seizin, and for the purpose of imparting notice.</p> <p>2. Same: Same: Notice. Possession.</p> <p>Whatever communicates information to a creditor, or purchaser, of a prior conveyance, binds his conscience and accomplishes what the law designs. Possession is a circumstance from which notice may be inferred, but, like other inferences, it depends for its force on the nature of the fact from which it is deduced. The facts by which notice is established inferentially must be ■emphatic and distinct. Where the vendor holds possession by a tenant, and the vendee after the sale retains the same tenant under an agreement to pay rents to him, the title is transferred, but the actual occupancy remains the same, and it is not a change of ¡possession that a stranger could observe, and the facts are not such as to arrest notice or to put a creditor or purchaser on inquiry. The creditor or subsequent purchaser must be so- bound in ■conscience, by notice, as that malafides could be imputed to him if he should take the estate against a prior vendee. Whatever puts a party on inquiry amounts, in law, to notice, provided inquiry be a duty and would lead to a knowledge of the requisite fact by the exei'cise of ordinary diligence. Mere rumor by irresponsible parties or persons, or a mere suspicion, is not notice.</p> <p>•3. CREDITOR: Principal and surety. Subrogation.</p> <p>Whether a surety is the creditor of his principal from the date of his suretj’ship or the date of the payment of his debt depends on the character of the redress •which he may seek. When payment is made by surety, a cause of