Boynton v. Haggart

Citations

• 120 F. 819
• 57 C.C.A. 301
• 1903 U.S. App. LEXIS 4543

Syllabus

<p>1. Registry Statutes — Estoppel prom Denying Record Title.</p> <p>Registry, statutes are legislative extensions of the doctrine of estoppel. Their purpose and effect are to estop the holder of the actual title, evidenced by an unrecorded deed or decree, from denying that the title which appears of record is the real title.</p> <p>2. Same — Available to One Holding Under Deed op What the Grantor Owns.</p> <p>An innocent purchaser for value of the lands owned by his grantor in a certain state, without more definite description, may avail himself of a registry statute to estop the holders of the real title under a prior unrecorded decree or deed from asserting it against his claim to all the lands which his grantor appeared by the records to own when he made his purchase.</p> <p>3. Recording Act op Arkansas — Construction.</p> <p>One of the statutes of Arkansas provides that, if a decree affecting the title to real estate is not registered in the recorder’s office of the proper county within one year of its rendition, it shall be void as to ali subsequent purchasers without notice. Held, the title of an innocent purchaser of land from the defendant in a decree that appeared by the record to be the owner thereof more than a year after the decree was rendered, and before it was recorded, is superior to the title of those in whose favor the decree was rendered, notwithstanding the fact that the deed to the purchaser contained no detailed description of the land, but' conveyed the right, title, and interest of the grantor in all the lands it owned in certain counties in the state of Arkansas.</p> <p>4. Registry Statutes — Notice to Purchaser under Warranty Deed.</p> <p>A subsequent purchaser of lands conveyed to him by a warranty deed is not charged with notice under the registry statutes of unrecorded conveyances or decrees by the fact that some prior deed in the chain of title is a quitclaim deed or conveys only the lands which the grantor therein owned, or those whic