Woods v. Garnett

Citations

• 72 Miss. 78

Syllabus

<p>1. Bosta eide Pitbchasee. Notice of deed. Code 1892, l 2400.</p> <p>Although. \\ 2460, code 1892, provides that an instrument recorded without acknowledgment or proof shall not he notice to creditor's or subsequent purchasers for value, if one takes a trust-deed on land after having read on the record a prior trust-deed on the property, though not properly acknowledged, he is not an innocent purchaser. Ilis duty to make further inquiry charg-es him with such notice as inquiry honestly made would have disclosed.</p> <p>2. Deeds. lieyistrabion of Notice. Code 1892, H 2457-58.</p> <p>Under \\ 2457, code 1892, providing that conveyances shall be void as. to creditors and purchasers for value unless acknowledged and lodg-ed for record, and § 2458 providing that they shall take effect. . as to such persons only from the time when so delivered, where a trust deed is made to one who fails to record it until after another has received and recorded a trust deed on the same land, but with knowledg-e of the first deed, a purchaser under the last, though having- no actual knowledg-e of the facts, is not protected as against, the prior deed if, at the time of his purchase, it has been recorded.</p>