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57 Miss. 647

Gardner v. McManus

Mississippi Supreme Court

Decided April 15, 1880

Mississippi Supreme Court · decided 1880-04-15

Hon. J. A. GrebN, Judge. P. P. Strait, who in 1870 owned the lot in controversy, executed on Aug. 27 of that year, a deed of trust thereon, to secure his note payable to Foster & Gardner on Dec. 1 following. The trust-deed was not recorded. A deed conveying the lot from Strait to M. T. Burton was executed Feb. 14, 1872, and recorded on the 24th of the same month, and three days afterwards M. T. Burton conveyed to B. McManus, who took possession.

Decided 1880-04-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2The instruction given for the plaintiff below should have been refused, and both of those refused to the defendant below should have been given. Mrs. McManus acquired nothing by her purchase at the sale under the judgment against Strait. Long before the rendition of the judgment, Strait had parted .with all his interest in the land by his conveyance to Burton, who conveyed to B. McManus; and although the title acquired by McManus by these conveyances was subordinated, by a decree of the Chancery Court, to the prior trust-deed which Strait had executed, his conveyance to Burton divested Strait of all interest in the land, and left nothing in him for the lien of the judgment rendered against him May 6, 1873, to fasten upon. Reversed and remanded.

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