A Treatise On the Action of Ejectment And Concurrent Remedies for the Recovery of the Possession of Real Property
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Unrecorded Deed — Notice to Subsequent Pur- cliasers. — The law on the subject of notice to a subsequent purchaser seems to be well established. If he has knowledge of the unrecorded conveyance when he makes his purchase, he can not protect himself against that conveyance. He is as effectually bound by knowledge of the existence of the prior deed as he is by its registration. It is deemed an act of fraud in him to take a second deed under such circumstances. And whatever is sufficient to put hi...m on inquiry as to the rights of others, is considered legal notice to him of those rights. He is chargeable with knowledge of such facts as might be ascer- tained by the exercise of ordinary diligence and understand- ' Caton, C. J., in Hadlock v. Had- (1889); Williams v.-Peyton, 17 U. S.
lock, 22 m. 388 (1859). (4 Wheat.) 77; Ransom v. WiEiams, 2 Deputron v. Young, 134 U. S. 241 69 U. S. (2 WaU.J 313, 819.
460 MUNIMENTS OF TITLE.
ing. The actual possession of land is notice that the possessor has some interest, therein.
What to read after A Treatise On the Action of Ejectment And Concurrent Remedies for the Recovery of the Possession of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Martin, Newell, 1854-1941 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Unrecorded Deed — Notice to Subsequent Pur- cliasers. — The law on the subject of notice to a subsequent purchaser seems to be well established. If he has knowledge of the unrecorded conveyance when he makes his purchase, he can not protect himself against that conveyance. He is as effectually bound by knowledge of the existence of the prior deed as he is by its registration. It is deemed an act of fraud in him to take a second deed under such circumstances. And whatever is sufficient to put hi...m on inquiry as to the rights of others, is considered legal notice to him of those rights. He is chargeable with knowledge of such facts as might be ascer- tained by the exercise of ordinary diligence and understand- ' Caton, C. J., in Hadlock v. Had- (1889); Williams v.-Peyton, 17 U. S.
lock, 22 m. 388 (1859). (4 Wheat.) 77; Ransom v. WiEiams, 2 Deputron v. Young, 134 U. S. 241 69 U. S. (2 WaU.J 313, 819.
460 MUNIMENTS OF TITLE.
ing. The actual possession of land is notice that the possessor has some interest, therein.
What to read after A Treatise On the Action of Ejectment And Concurrent Remedies for the Recovery of the Possession of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Martin, Newell, 1854-1941 to read onlineMoreLess
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