Plant v. Shryock

Citations

• 62 Miss. 821

Syllabus

<p>1. Mortgage. Statute of limitations. New promise. Purchaser. Notice.</p> <p>Where a mortgage debt has been renewed and extended by an .acknowledgment and new promise, avoiding the bar of the statute of limitations, and enforceable against the debtor, a subsequent purchaser of the mortgaged property, with notice of the mortgage, but without notice of the acknowledgment and new promise, takes it subject to the incumbrance thus renewed and extended.</p> <p>2. Same. Record notice. Apparent bar by limitation. Purchaser: Inquiry.</p> <p>And if such mortgage be recorded, and there be.no entry of satisfaction thereof, it is incumbent on a purchaser to ascertain whether the mortgage debt is still subsisting and valid at the time of his purchase, notwithstanding it may appear by the records to be barred by the statute of limitations.</p>