Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, to the end that with reference to all instruments which may be filed for record under this section, the priority thereof shall be governed by the priority in time of the filing of the several instruments, in the absence of actual notice.
Miss. Code Ann. § 89-5-5
Priority of all instruments, and notice thereof controlled by date of filing for record; take effect, when
Applied in 7 court decisions — leading case Shutze v. Credithrift of America, Inc. (1992)
Most recently applied in The Pennington Group, LLC v. Priority One Bank (February 2017)
Codes, Hutchinson’s 1848, ch. 42, art. 1 (5); 1857, ch. 36, art. 23; 1880, § 1213; 1892, § 2458; 1906, § 2788; Hemingway’s 1917, § 2292; 1930, § 2148; 1942, § 869; Laws, 1924, c…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.