Legal Opinion

Lissa v. Posey

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 2 opinions

Appeal from the Circuit Court of Hancock County. HoN. S. H. Terral, Judge. In December, 1881, one M. S. A. Casanova conveyed the land here in question to ~W. K,. Seal, trustee, for the benefit of Mrs. Janette Lissa, to secure, to her one hundred and sixty dollars which she had lent Casanova, with interest thereon.

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Appeal from the Circuit Court of Hancock County. HoN. S. H. Terral, Judge. In December, 1881, one M. S. A. Casanova conveyed the land here in question to ~W. K,. Seal, trustee, for the benefit of Mrs. Janette Lissa, to secure, to her one hundred and sixty dollars which she had lent Casanova, with interest thereon. The debt not being paid at maturity, on March 5, 1883, the trustee, Seal, sold and conveyed the land by virtue of the trust-deed to John Estapa for one hundred and eighty-seven dollars and eighty-six cents. The trustee conveyed the land to Estapa by an absolute conveyance,…

1Opinion of the CourtArnold, J.

At common law the purchaser of land at execution sale acquired only the interest of the defendant in execution, and was liable to be defeated by any secret, legal, or equitable right existing against the title of the defendant. This rule of the common law is still in force here, except where our registry laws provide otherwise.

The registry laws protect creditors and subsequent purchasers alike, but only as against the unrecorded instruments named in such laws. They do not apply or afford protection to creditors or subsequent purchasers against equities which arise by operation of law, and…

2Cases cited3 opinions

  1. Perry Nugent & Co. v. PriebatschMississippi Supreme Court · 1883
  2. Cahn v. PersonMississippi Supreme Court · 1879
  3. Louisiana National Bank v. KnappMississippi Supreme Court · 1884

3Cited by2 opinions

  1. Hart v. GardnerMississippi Supreme Court · 1902
  2. Motor Parts & Bearing Co. v. O. K. Rubber Welders, Inc.Mississippi Supreme Court · 1964

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