Alamac LLC v. Travelers Bank & Trust, et al.
| Docket Number: | 2005-CA-01681-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-03-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Bona fide purchaser without notice - General index - Section 89-5-33(2) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, AND ROBERTS, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 08-10-2005 Appealed from: WALTHALL COUNTY CHANCERY COURT Judge: Debbra K. Halford Disposition: SUMMARY JUDGMENT FOR APPELLEES Case Number: 2004-0312 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT RICHARDSON |
FELECIA PERKINS |
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| Appellee: | TRAVELERS BANK & TRUST, FSB, CITIFINANCIAL MORTGAGE COMPANY, INC., DEBERA BRIDGES, TRUSTEE AND EMILY KAYE COURTEAU, SUBSTITUTED TRUSTEE | MICHAEL A. COURTEAU |
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| Topic: | Real property - Bona fide purchaser without notice - General index - Section 89-5-33(2) |
| Summary of the Facts: | Alamac, LLC filed suit against Travelers Bank & Trust, FSB, Citifinancial Mortgage Company, Inc., Debera Bridges, in her capacity as trustee, and Emily Kay Courteau, in her capacity as substituted trustee requesting a temporary restraining order, preliminary injunction, and declaratory judgment to prohibit Travelers from conducting a foreclosure sale of certain real property in Walthall County. Both Alamac and Travelers filed motions for summary judgment. The court granted Travelers’s motion for summary judgment, and Alamac appeals. |
| Summary of Opinion Analysis: | Alamac argues that Travelers was unable to satisfy its burden to defeat Alamac’s motion for summary judgment because Travelers failed to provide a correct indexing instruction of the land for the statutorily mandated sectional index. The chancery court determined that Alamac was not a bona fide purchaser without notice because the Travelers deed of trust was properly entered in the general (direct and reverse) index. Section 89-5-33(2) provides that in the event of conflict between the general and the sectional indices, the notice imparted by the general index shall prevail except to the extent the land is described by lot number for platted subdivisions, official surveys and unofficial subdivisions and surveys commonly in use, the sectional index shall prevail. Here, the land is not described by lot number for platted subdivisions, official surveys, or unofficial subdivision, or a survey commonly in use. Thus, Alamac had a duty to search the general index, as it would prevail over an incorrect entry in the sectional index. Because the deed of trust was properly entered in the general index, the chancery court correctly determined that Alamac had constructive notice of the Travelers’s deed of trust. |
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