Woods v. Garnett
Mississippi Supreme Court
From the chancery court of Sunflower county. HoN. W. R. Trigg, Chancellor. Bill to cancel defendant’s claim to certain land and to recover possession. Decree for defendants. Complainant appeals. The-opinion sufficiently states the facts. Mrs. D. L. Garnett and Mrs. L. A. Garnett were both purchasers with notice of appellant’s rights.
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From the chancery court of Sunflower county. HoN. W. R. Trigg, Chancellor. Bill to cancel defendant’s claim to certain land and to recover possession. Decree for defendants. Complainant appeals. The-opinion sufficiently states the facts. Mrs. D. L. Garnett and Mrs. L. A. Garnett were both purchasers with notice of appellant’s rights. Although the Pond trust deed was not properly recorded until October 7, 1892, Cocke & Co. had actual notice of it before receiving their trust-deed. Section 2457 of code 1892 requires the record of instruments in order to give notice, but makes an exception as to…
1Opinion of the CourtCooper, C. J.
The parties to this suit all claim title from one Riley, who, in 1891, was the owner of the land in controversy. On the ninth day of November, A.D. 1891, Riley executed a deed of trust, whereby he conveyed the land to one M. H. Trantham, as trustee, to secure the payment of a promissory note of that date for S3,500, payable to the order of C. H. Pond. This deed contained the usual power of sale if default should be made in the payment of the'secured debt at maturity, and also provided that Pond, or the assignee of the note, might at pleasure substitute any other person in lieu of the trustee,…
2Cases cited9 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Mahoney v. MiddletonCalifornia Supreme Court · 1871
- Morse v. CurtisMassachusetts Supreme Judicial Court · 1885
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3Cited by6 opinions
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- Henderson v. Bank of America, N.A. (In re Simmons)United States Bankruptcy Court, S.D. Mississippi · 2014
- Dodwell v. ReevesMississippi Supreme Court · 1917
- Metropolitan National Bank v. United StatesDistrict Court, S.D. Mississippi · 1989
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