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· 10/15/1875

Strickland v. Kirk

Citations

  • 51 Miss. 795

Syllabus

<p>1, Vendor and Vendee: Bond for title not recorded. Possession. Constructive notice.</p> <p>The possession of a vendee, who has received only a bond for title, operates as notice to the world of whatever rights the vendee acquired by his purchase, although the bond for title be not recorded.</p> <p>S. Same : Same. Relation of vendor and vendee.</p> <p>A conveyance of lands, when only bond for title passes, creates between the vendor and vendee similar rights and incidents as pertain to the relation of mortgagee and mortgagor. The retention of the legal title by the vendor, who has executed a bond for title, operates simply as an equitable mortgage. The mortgage is the incident, the debt the principal. He is without further interest, except to the extent of the security the mortgage affords for his debt.</p>

Judges: Simrall

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