Woods v. Garnett

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

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Nature of the Case

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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.