Ladd v. Alcorn
Ladd v. Alcorn
Opinion of the Court
delivered the opinion of the court.
That Alcorn was a purchaser in good faith of the horse, cannot exert any influence on the case, nor does the fact that he got him as the result of a raffle. Alcorn’s title was ac
The certificate of acknowledgment was sufficient to entitle the deed of trust to be recorded. Russ v. Wingate, 30 Miss., 440.
Whether Sayle was authorized to dispose of the horse, was a controverted question of fact, which should have been left to the jury.
Section 1210 of the code of 1880, which, we suppose, led to the confusion about purchasing for a valuable consideration without notice, has no sort of application to a title accrued in the county in which the writing is recorded.
Reversed, and remanded for a new trial.
Reference
- Full Case Name
- H. T. Ladd, Trustee v. W. A. Alcorn, Sr.
- Status
- Published
- Syllabus
- 1. Acknowledgment. Informality. Official character. Recording. Where a certificate of acknowledgment gives in the caption the state and county, and refers to “ the undersigned mayor, etc., of said county,” the words “ mayor and ex officio J, V.,” following the signature, if sufficiently shows that it was before an authorized officer, to entitle the deed to be recorded. Russ v. Wingate, 30 Miss., 440. 2. Trust-deed. Record. Removal of personalty. Title. Code 1880, ? 1210. Section 1210, code 1880, which requires every recordable instrument re- ' specting title to personalty to be recorded in any county into^which the property is removed within twelve moiiths after such removal, in order to affect a purchaser without notice, does not apply in favor oí a purchaser who acquired title in a county where the instrument was recorded, although the property was delivered to him in another county, where it remained for more than twelve months before the instrument was there recorded.