Perry Nugent & Co. v. Priebatsch
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. L. McLaurin, Chancellor. The bill alleges that on the 3d day of November, 1877, Samuel H. Whitworth, being indebted to the firm of Allen, Nugent & Co., executed a trust deed for their benefit on certain lands set forth; “ that, while said lands are otherwise correctly described in said deed, they were misdescribed in this.
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Appeal from the Chancery Court of Lincoln County. Hon. L. McLaurin, Chancellor. The bill alleges that on the 3d day of November, 1877, Samuel H. Whitworth, being indebted to the firm of Allen, Nugent & Co., executed a trust deed for their benefit on certain lands set forth; “ that, while said lands are otherwise correctly described in said deed, they were misdescribed in this. They are described as being in Range seven, when they are, in fact, in Range eight; that afterward, on the 27th day of November, 1882, Thomas H. Allen, of the firm of Allen, Nugent & Co., having transferred his interest…
1Opinion of the CourtCooper, J.
In Simmons v. North, 3 S. & M. 67, it was held that where by ■ mistake the words “northeast quarter” were written in a deed of trust instead of “southeast quarter,” as was intended to be done, and the deed as written was recorded, the conveyance could be cor*406rected in a court of equity as against one who having actual notice at the time of his purchase had bought' the land at an execution sale founded on a judgment rendered in favor of a party who had no notice of the mistake in the deed at the time he recovered his judgment.
In this case no notice was taken of the effect of the registry act,…
2Cases cited4 opinions
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Willis v. GattmanMississippi Supreme Court · 1876
- Duke v. ClarkMississippi Supreme Court · 1880
- Humphreys v. MerrillMississippi Supreme Court · 1876
3Cited by10 opinions
- Sack v. Gilmer Dry Goods Co.Mississippi Supreme Court · 1928
- Burkett v. Peoples Bank of BiloxiMississippi Supreme Court · 1955
- Hart v. GardnerMississippi Supreme Court · 1902
- National Oats Company, Creditor v. Byron Long, Trustee of North Mississippi Broilers, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1955
- Mississippi Industries for the Blind v. JacksonMississippi Supreme Court · 1957
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