Chetham-Strode v. Blake

Citations

• 19 N.M. 335
• 142 P. 1130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sections 3953, 3954, 3955 and 3960, C. L. 1897, construed. Held that Section 3960, which was enacted as Section 16, of the Act of January 12, 1852, “Regulating Conveyances” should be construed in connection with Sections 14 and 15 of said Act, and when so construed, following the rule announced by the Supreme Court of Missouri, from which said Act was borrowed, such section renders an unrecorded conveyance invalid only as to subsequent purchasers and mortgages, in good faith, and without notice of such unrecorded conveyance. Held, further that such section was repealed by Sections 1, 2 and 3 of Chapter X, S. L. 1887, (Sections 3953, 3954 and 3955, C. L. 1897) and that the latter sections render such unrecorded conveyance invalid only as to subsequent purchasers and mortgagees, in good faith, and without notice of such unrecorded conveyance. Hence, where F. conveys real estate to S. who fails, to record such deed until after suit, in attachment is filed against F. but who records the same prior to sale, under execution issued upon a judgment rendered in such attachment suit, a purchaser at such sale is charged with notice of such conveyance, at the time he becomes such, and a sheriff’s deed issued to him, for the land so purchased, is invalid, as against the holder of such prior deed, and constitutes a cloud upon his title.</p> <p>P. 343</p>