Woods v. Garnet

72 Miss. 78, 16 So. 390 (1894)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Riley conveyed land to two mortgagees in order to secure debts. The first deed of trust was to Riley to secure a $3,500 promissory note to Pond, and was filed, but had a defective acknowledgment because it omitted the words 'and delivered.' That deed was filed November 12, 1891. On May 6, 1892, a second trust for $397.22 was conveyed to W.G. Cocke & Co. A member of that firm examined the records and discovered the first deed but determined that there was an error. D felt that since the first deed had a defective acknowledgment, it could not be registered. Pond assigned his interest to Woods (P), and a new acknowledgment of the original deed was recorded after receiving proper acknowledgment from Riley. The land was later sold. P was the purchaser under the earlier deed, and Garnett (D) purchased the land under the deed that was later in date, but the first to be recorded. D claimed to be the bona fide purchaser without notice of the first trust. P wanted to cancel D's claim. The court found for D. P appealed.