SEC. 89-5-5. Priority of all instruments, and notice thereof controlled by date of filing for record; take effect, when.
Every conveyance, covenant, agreement, bond, mortgage, and deed of trust shall take effect, as to all creditors and subsequent purchasers for a valuable consideration without notice, only from the time when delivered to the clerk to be recorded; and no conveyance, covenant, agreement, bond, mortgage, or deed of trust which is unrecorded or has not been filed for record, shall take precedence over any similar instrument affecting the same property which may be of record, 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.
SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 1 (5); 1857, ch. 36, art. 23; 1880, Sec. 1213; 1892, Sec. 2458; 1906, Sec. 2788; Hemingway's 1917, Sec. 2292; 1930, Sec. 2148; 1942, Sec. 869; Laws, 1924, ch. 239.