Dedeaux v. Cuevas

Mississippi Supreme Court March 15, 1914

Dedeaux v. Cuevas, 107 Miss. 7 (Miss. 1914)

64 So. 844

Smith

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

The titles, if any, acquired by the parties hereto by reason of the purchases from the Gulf Coast Lumber Company, are equitable and not legal, consequently section 2788 of the Code has no application, for the reason that the “purchasers for a valuable consideration without notice” therein referred to are purchasers of the legal title or estate, and not purchasers of a mere equitable title or estate. Wailes v. Cooper, 24 Miss. 208.

The equities of all of the parties hereto being equal, that of appellees must prevail, for the reason that it was first in time, and for the further reason that they have also acquired the legal title. “Where there are equal equities, the first in time shall prevail.” “Where there is equal equity, the law must prevail.”

Affirmed.

Reference

Full Case Name: Florian Dedeaux v. Lorance Cuevas
Status: Published
Syllabus: 1. Deeds. Bona fide purchaser. Equitable title. Vendor and purchaser. Recordation of deed. A purchaser of land only acquires an equitable interest, where his vendor did not hold the legal title, but only an agreement from the holder of the legal title to convey him the property. 2. Bona Fide Purchaser. Recordation of deed. Code 1906, section 2788. Section 2788, providing that every conveyance shall take effect as to all subsequent purchasers for a valuable consideration without notice, only from the time recorded, applies only where the purchasers for a valuable consideration without notice, therein referred to, are purchasers of the legal title or estate and not purchasers of a mere equitable title or estate. 3. Vendor and Vendee. Maxims. In a contest between two purchasers each holding an equitable title to land the one first in time should prevail under the maxim, that where there is equal equity the first in time prevails. 4. Same. In a contest between two purchasers each holding an equitable title to the land and one acquires the legal title also, he should prevail under the maxim that where there is equal equity the law prevails.