Mangold v. Barlow
Mississippi Supreme Court
Appeal from tbe Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Ballou and wife executed a deed of February, 1877, on the land in of trust to Faler & Có. on 19th controversy, and on that day it was lodged with the clerk of the chancery court for record. It was recorded but the cleric misdescribed the land, giving different quarter section from that described in the deed.
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Appeal from tbe Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Ballou and wife executed a deed of February, 1877, on the land in of trust to Faler & Có. on 19th controversy, and on that day it was lodged with the clerk of the chancery court for record. It was recorded but the cleric misdescribed the land, giving different quarter section from that described in the deed. Three years afterward the same grantors .executed a deed of trust on the same land to H. H. Barlow, appellee, which was duly recorded on the day of its execution, 27th of January, 1880. There was no actual notice…
1Opinion of the CourtCampbell, C. J.
The question is, who shall suffer loss from an error of the clerk in recording a deed duly acknowledged and lodged with him for record? Hoes the grantee acquit himself fully of all duty when he delivers the deed to the proper officer for record, or is it his duty ,to see that the instrument is properly recorded? And if a mistake is made in recording by which a subsequent grantee is misled and injured, whose claim shall prevail, that of the first grantee, who relied on the officer to do his duty, or of the second grantee, who, in *597the faith that the record, is true, acts upon it? Shall the deed…
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