Reports of Civil And Criminal Cases Decided By the Court of Appeals of ...
Reports of Civil And Criminal Cases Decided By the Court of Appeals of ...
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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The presumption is therefore strong in favor of his answer, that he did npt knoifr of the mortgage in question, and he took the ^l^ves, holding them adversely against aU except Wi«kti&. ^ If he had taken these slaves by violence, the statute would have shielded him ; if he has been deluded into the purchase by the mortgagor, i^norantly, and innocently, the statute will. protect him. Jt is true the mortgage of the complaioint hos ^*^rt«a^ had ^^^ recorded. But this, although it loayiprce ujv ^In...^iSyre- ^n William D. Young constructive notice, so th^t cordad,doe9 the title, he acquired could not be good withput the notafi«etthe i^atute in.his;iavor. yet this constructive notice Joes case. ' ^ Digitized by VjOOQ IC not prevmt the operation of the statute, jiroyided Temo fto. the possession is such as the law calls adverse. • ^ TV We therefore conceive that the statute is a bar in ' equity, as it would have been at law, if this was a lagal action. The decree of the court below is therefore re* versed, wilh costs, and the cause remanded with di* rectioos to dismiss the bill with costs.
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