Except as provided by Sections 89-5-101 through 89-5-113, all bargains and sales, and all other conveyances whatsoever of lands, whether made for passing an estate of freehold or inheritance, or for a term of years; and all instruments of settlement upon marriage wherein land, money, or other personalty should be settled or covenanted to be left or paid at the death of the party, or otherwise; and all deeds of trust and mortgages whatsoever, shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded in the same manner that other conveyances are required to be acknowledged or proved and recorded. Failure to file such instrument with the clerk for record shall prevent any claim of priority by the holder of such instrument over any similar recorded instrument affecting the same property, 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. But as between the parties and their heirs, and as to all subsequent purchasers with notice or without valuable consideration, said instruments shall nevertheless be valid and binding.
Codes, Hutchinson's 1848, ch. 42, art. 1 (2), (3); 1857, ch. 36, arts. 20, 21; 1871, §§ 2303, 2306; 1880, §§ 1211, 1212; 1892, §§ 2456, 2457; 1906, §§ 2786, 2787; Hemingway's 1917, §§ 2290, 2291; 1930, §§ 2143, 2147; 1942, §§ 864, 868; Laws, 1924, ch. 239; Laws, 2011, ch. 364, § 10, eff. 7/1/2011.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1989–2024 · leading case:
Est. of Roby v. Roby, 84 So. 3d 786 (Miss. Ct. App. 2011).
Est. of Roby v. Roby, 84 So. 3d 786 (Miss. Ct. App. 2011).
· cites it 4× “" See Miss.Code Ann. § 89-5-3 (stating that a conveyance of land is void to a creditor unless the lien *790 or judgment is recorded with the chancery court clerk "in the same manner that other conveyances are required to be acknowledged or proved and recorded.”
Metro. Nat'l Bank, James M. Oberlies & Robert E. Ryan v. United States, 901 F.2d 1297 (5th Cir. 1990).
· cites it 2× “1 (1) Under Mississippi law, all deeds of trust are “void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded_”…”
In the Matter of Pinetree, Ltd., Debtor. the Mut. Benefit Life Ins. Co., Appellant, v. Pinetree, Ltd., Debtor, Appellee, 876 F.2d 34 (5th Cir. 1989).
“and all deeds of trust and mortgages whatsoever, shall be void as to all creditors and subsequent purchasers for a valuable consideration without notice, unless they be acknowledged or proved and lodged with the clerk of the chancery court of the proper county, to be recorded in…”
In Re Shavers, 418 B.R. 589 (Bankr. S.D. Miss. 2009).
· cites it 2× “Miss.Code Ann. § 89-5-3. The resulting rule is that the first recorded interest has priority oyer all subsequently recorded interests.”
Burnette Avakian v. Citibank, N.A., 773 F.3d 647 (5th Cir. 2014).
“See Miss.Code Ann. § 89-5-3 (providing that unrecorded instruments are valid “as between the parties and their heirs”).”
Martin v. USDA Rural Hous. Serv. (In Re Martin), 276 B.R. 552 (Bankr. N.D. Miss. 2001).
“In addition, she cites Miss.Code Ann. § 89-5-3 (1972) for the proposition that all bargains and sales of land are void as to all creditors and subsequent purchasers for valuable consideration without notice unless acknowledged and lodged with the clerk of the chancery court of…”
Magnolia Fed Bk for Savs v. I. Meade Hufford (Miss. 1995).
“Miss. Code Ann. § 89-5-3 (1972). Since the deed was executed and title therefore conveyed prior to Magnolia's acquiring any knowledge of the potential buyer, we need not decide if the foreclosure itself is effective as of the moment the property is "struck off" to the successful…”
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