Dennis v. Burritt

Citations

• 6 Cal. 670

Syllabus

<p>The twenty-fifth section of the Act concerning conveyances, making the record of conveyances notice, is limited by its terms, in its operation, to subsequent purchasers and mortgagees.</p> <p>If, however, the recording act imparts notice to prior purchasers or mortgagees, it is but constructive notice, and insufiicient to charge a prior mortgagee with fraud, in releasing portions of the mortgaged premises, retaining a lien on the balance, (of which part had been sold after the mortgage,) but before his releases, so as to justify a Court of Equity to set the act aside.</p> <p>To constitute fraud, actual notice is necessary, or such acts in the premises as some positive statute characterizes as fraudulent.</p>