Mississippi Code
Miss. Code Ann. § 75-2-403 (2026)
Power to transfer; good faith purchase of goods; "entrusting."
✓ current as of July 2026
- (1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though
- (a) the transferor was deceived as to the identity of the purchaser, or
- (b) the delivery was in exchange for a check which is later dishonored, or
- (c) it was agreed that the transaction was to be a "cash sale," or
- (d) the delivery was procured through fraud punishable as larcenous under the criminal law.
- (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
- (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.
- (4) The rights of other purchasers of goods and of lien creditors are governed by the chapters on Secured Transactions (Chapter 9), Bulk Transfers (Chapter 6) and Documents of Title (Chapter 7).
Codes, 1942, § 41A:2-403; Laws, 1966, ch. 316, § 2-403, eff. 3/31/1968.
Notes of Decisions
Cited in 5
cases, 1982–2001 · leading case: Shell Oil Co. v. Mills Oil Co., Inc., Citizens Bank of Byhalia, Ms., Dudley R. Moore, Jr. & John Mark Crain, D.D. Mills, 717 F.2d 208 (5th Cir. 1983).
Shell Oil Co. v. Mills Oil Co., Inc., Citizens Bank of Byhalia, Ms., Dudley R. Moore, Jr. & John Mark Crain, D.D. Mills, 717 F.2d 208 (5th Cir. 1983). “2 Shell bases its right to relief on the interaction between § 75-2-702(3) and Miss.Code Ann. § 75-2-403 (1972). 3 Section 75-2-702(3) provides that an unpaid credit seller’s right to reclaim is subject to the rights of a good faith purchaser under § 75-2-403.”
Hicks v. Thomas, 516 So. 2d 1344 (Miss. 1987). “The Court held in favor of the school district relying upon the entrustment statute, Miss. Code Ann. § 75-2-403 (2) (1972), over the title statute.”
Textile Supplies, Inc. v. Charles Garrett, D/B/A Carpet Ctr., 687 F.2d 123 (5th Cir. 1982). “*127 Garrett argues it nevertheless acquired valid title to the carpet under Miss.Code Ann. § 75-2-403(l)(d), (2), (3) (1972).”
South Mississippi Fin. Co. v. Mississippi State Tax Comm'n, 605 So. 2d 736 (Miss. 1992). “It is certainly true the Sales Article of our version of the Uniform Commercial Code, see Miss.Code Ann. § 75-2-403(l)(d) (1972), imports a limited exception to this general rule, but that applies only where the “goods have been delivered under a transaction of purchase.”
Genesis Indem. Ins. v. Bolivar Cnty., 793 So. 2d 683 (Miss. Ct. App. 2001). “Miss.Code Ann. § 75-2-403(2) (1972). ¶ 8.”
— Miss. Code Ann. § 75-2-403(2) — 1 case
Genesis Indem. Ins. v. Bolivar Cnty., 793 So. 2d 683 (Miss. Ct. App. 2001). “Miss.Code Ann. § 75-2-403(2) (1972). ¶ 8.”
— Miss. Code Ann. § 75-2-403(l)(d) — 2 cases
Textile Supplies, Inc. v. Charles Garrett, D/B/A Carpet Ctr., 687 F.2d 123 (5th Cir. 1982). “*127 Garrett argues it nevertheless acquired valid title to the carpet under Miss.Code Ann. § 75-2-403(l)(d), (2), (3) (1972).”
South Mississippi Fin. Co. v. Mississippi State Tax Comm'n, 605 So. 2d 736 (Miss. 1992). “It is certainly true the Sales Article of our version of the Uniform Commercial Code, see Miss.Code Ann. § 75-2-403(l)(d) (1972), imports a limited exception to this general rule, but that applies only where the “goods have been delivered under a transaction of purchase.”
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