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Bank of Mississippi v. Hollingsworth

609 So. 2d 422 (1992)

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Bank of Mississippi v. Hollingsworth

Mississippi Supreme Court

609 So. 2d 422 (1992)

Facts

On April 11, 1983, Mamie Robinson conveyed a parcel of land by deed to Wayne and Debbie Hollingsworth (plaintiffs). At some point in 1983, the Hollingsworths enclosed the parcel with a fence. The Hollingsworths did not record the deed from Robinson until April 30, 1985. On January 24, 1984, Robinson executed a deed of trust to the Bank of Mississippi (defendant) for certain land. Included in the deed were 18 acres that Robinson had previously deeded to the Hollingsworths. The bank did not order a survey or physically inspect the land subject to the deed and recorded the deed of trust on the same day. In 1989, the Hollingsworths brought suit seeking cancellation of the bank’s deed as to the 18 acres. The Jones County Chancery Court found in favor of the Hollingsworths. The bank appealed.

Rule of Law

Issue

Holding and Reasoning (Banks, J.)

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