Mississippi Code
Miss. Code Ann. § 89-5-1 (2026)
Recording instruments; conveyances, acknowledgment, priority
✓ current as of July 2026
Except as provided by Sections 89-5-101 through 89-5-113, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.
Codes, Hutchinson's 1848, ch. 42, art. 1 (1); 1857, ch. 36, art. 19; 1871, § 2304; 1880, § 1209; 1892, § 2454; 1906, § 2784; Hemingway's 1917, § 2288; 1930, § 2146; 1942, § 867; Laws, 1924, ch. 239; Laws, 2011, ch. 364, § 9; Laws, 2011, ch. 538, § 3, eff. 7/1/2011.
Notes of Decisions
Cited in 15
cases, 1982–2016 · leading case: White v. Cooke, 4 So. 3d 330 (Miss. 2009).
White v. Cooke, 4 So. 3d 330 (Miss. 2009). “See Miss.Code Ann. §§ 89-5-1 through -5. If Ross acquired an easement from Cooke with knowledgethat is, noticethat Cooke had no right to convey the easement because he had already contracted to sell the property to White, subject only to easements of record, then her "race" to…”
Loup v. Great Plains W. Ranch Co. (In Re Great Plains W. Ranch Co.), 38 B.R. 899 (Bankr. C.D. Cal. 1984). “Miss.Code Ann. § 89-5-1 (1972) Thus, in Mississippi, one who wishes to claim title to real property is bound by adverse claims disclosed by documents recorded with the clerk in the chain of title whether or not she actually saw those documents.”
Lott v. Saulters, 133 So. 3d 794 (Miss. 2014). “See Miss.Code Ann. § 89-5-1 (Rev.2011). 1 Under the “race-notice” statute, a grantee has a superior claim to the land when he takes a deed without notice of a prior competing deed and then records that deed first; however, “a grantee of land takes the land subject to a prior…”
Arlan Dorman v. Artis Franklin Power, 203 So. 3d 33 (Miss. Ct. App. 2016). “Though possibly not fully brought before the chancery court, a review of the chain of title would reveal another reason that Dorman’s appeal concerning underlying fraud is without merit and that the outcome of the chancellor’s judgment is appropriate.”
Shutze v. Credithrift of Am., Inc., 607 So. 2d 55 (Miss. 1992). “Miss. Code Ann. §§ 89-5-1 and -5 (1972). Five months later, Percy Lee Green refinanced the outstanding balance of the original 1974 loan and borrowed from Whiteway new money in the amount of $3,500.”
Tennessee Gas Pipeline Co. v. Mississippi Cent. R.R., 164 F. Supp. 2d 823 (N.D. Miss. 2001). “Miss.Code Ann. § 89-5-1. *826 The court notes that the Defendant Railroad possesses a quitclaim deed executed by LM & B in December of 1993, that quitclaims any interest in the subject properties possessed by LM & B to the Defendant Railroad.”
Morgan v. Sauls, 413 So. 2d 370 (Miss. 1982). “The chancellor was never called upon to decide, and there is nothing in his decree which does decide the question of whether appellees were "creditors" prior to recording these deeds under these statutes.”
Crum v. Butler, 601 So. 2d 834 (Miss. 1992). “In reliance on Miss. Code Ann. § 89-5-1 (1972), Crum contends that this instrument should be given no credence as it was without an acknowledgment.”
McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000). “Miss.Code Ann. § 89-5-1 (Rev. 1999). This has been interpreted to mean creditors "without notice" even though the statute literally only says purchasers without notice and creditors.”
Moore v. McDonald, 47 So. 3d 1186 (Miss. Ct. App. 2010). “Miss. Code Ann. §§ 89-5-1 (Rev.1999), 89-5-3 (Rev.”
Harrison Cnty. Util. Auth. v. Walker, 143 So. 3d 608 (Miss. Ct. App. 2014). “” Miss.Code Ann. § 89-5-1 (Rev.2011). In counties with multiple judicial districts, “the records of conveyances in such district shall be kept and have the same effect as if they were several counties.”
Mills v. Damson Oil Corp., 720 F.2d 874 (5th Cir. 1983). “See Miss.Code Ann. §§ 89-5-1, 89-5-3, 89-5-5.”
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