Daniel v. Hester

Citations

• 29 S.C. 147
• 7 S.E. 65
• 1888 S.C. LEXIS 123

Syllabus

<p>1. An unrecorded deed, with continuous possession thereunder, takes precedence of a subsequent deed and mortgage, duly recorded, even though the subsequent purchasers had no actual notice of the prior deed; for the possession of the prior purchaser was notice of his rights.</p> <p>2. The doctrine of the law that “possession is notice’’ applies to possession under a legal title as well as under an equitable one.</p> <p>3. Recording is not an essential element of a valid deed, and notice supplies the place of recording.</p> <p>4. It will be assumed that the charge to the jury and the decision of the judge were based upon correct principles, where the charge and decision are not stated in the “Case” for appeal.</p> <p>5. Matters stated only in exceptions cannot be accepted as correct statements of the case.</p>