BANK OF MISSISSIPPI v. HOLLINGSWORTH

No. 90-CA-44.

609 So.2d 422 (1992)

BANK OF MISSISSIPPI, a Mississippi Banking Corporation v. Wayne HOLLINGSWORTH and Debbie Hollingsworth.

Supreme Court of Mississippi.

Rehearing Denied December 31, 1992.


Attorney(s) appearing for the Case

M. Ronald Doleac, Hattiesburg, for appellant.

Dan C. Taylor, Ellisville, for appellee.

Gee Ogletree, Sandra C. Bradshaw, Young Scanlon & Sessums, Jackson, for amicus curiae.

Before HAWKINS, P.J., and SULLIVAN and BANKS, JJ.


BANKS, Justice, for the court:

This case concerns an application of the well-established doctrine that physical presence is an indicia of ownership, which may override record title with respect to subsequent purchasers. Here, application of the doctrine serves to defeat a deed of trust filed prior in time to a deed of conveyance to a third party, where the third party had taken possession in a manner sufficient to put the...

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