Bernard v. Benson

Citations

• 58 Wash. 191
• 108 P. 439
• 1910 Wash. LEXIS 916

Syllabus

<p>■ Yendo» and Purchaser—Record of Contract—Notice—Statutes. Construing together the recording acts, executory contracts for the sale of real estate, while not expressly mentioned, are included within the meaning of the words “deeds, grants and transfers of real property,” and may be recorded, especially in view of the custom to record the same.</p> <p>Evidence—Judicial Notice—Custom—Records. The court will take judicial notice of the custom to record executory contracts for the sale of real estate, and to record instruments affecting the title ■to real property in Deed Records, incumbrances in Mortgage Records, and evidences of title to personal property in Miscellaneous Records.</p> <p>Vendor and Purchaser—Bona Fide Purchaser—Record—Notice. Under Rem. & Bal. Code, § 8785, requiring the county auditor to procure such “books for records as the business of the office re■quires,” and in view of the uniform custom to record instruments affecting the title to real property in Deed Records, and of personal property in Miscellaneous Records, the record of an executory contract for the sale of real estate in Miscellaneous Records does not import notice.</p> <p>Same—Actual Notice—Possession of Property. Actual notice -of an executory contract for the sale of real estate, recorded in the wrong book, is not to be imported from the fact that one of the vendees had slashed about two acres of the tract, where he had ■subsequently abandoned the same; nor by the fact that the cattle of such vendee and of others ranged upon the property; nor by the .fact that one of the vendees lived in a small house either on the property or in a county road, where such vendee did not assert any claim or right to possession in conversations with the tona fide purchasers.</p> <p>Vendor and Purchaser—Bona Fide Purchasers—Rights—^Notice. A tona fide purchaser from a tona fide purchaser is not ■affected by subsequent notice given to his vendor.</p> <p>Specific Performance—Rights of Third Persons. Spe