Perry Nugent & Co. v. Priebatsch

Citations

• 61 Miss. 402

Syllabus

<p>1. Mistake. Actual notice. Purchaser under execution.</p> <p>A court of equity will not correct a mistake in the description of land in a deed against one who having actual notice at the time of his purchase bought the land at execution sale founded on a judgment rendered in favor of a party who liad no notice of the mistake at the time he recovered judgment. Simmons v. North, 3 S. & M. (i7, criticised.</p> <p>2. Execution Sale. Purchaser. Judgment creditor. Notice.</p> <p>Thefact that a purchaser at execution sale is not a bona fide purchaser for value does not deprive him of the right which the plaintiff in this judgment has as a creditor, to subject to the payment of the judgment, lands of the debtor of the conveyance of which he 1ms no notice, actual or constructive.</p> <p>3. Registry Act. Creditor without notice.</p> <p>Under $ 1212, Code 1880, creditors without notice and subsequent purchasers for value without notice are put upon the same footing and protected to the same extent.</p> <p>4. Purchasers under Execution. Implied trust. Judgment creditor.</p> <p>A purchaser under a judgment against a trustee of property in which there is an implied trust does not acquire the right of the beneficiary, nor is the judgment creditor entitled to subject the property by virtue of the registry act.</p> <p>5. Same. Unrecorded instrument. Judgment creditor without notice.</p> <p>■When the debtor has a beneficial interest in the property, and conveys it by absolute deed or mortgage, or makes a declaration of trust in the land, and the instrument is not acknowledged, or proved and recorded, it is void as to judgment creditors without notice, and a purchaser under such judgment will be protected.</p>