Doe ex rel. McConnel v. Reed

Citations

• 5 Scam. 116

Syllabus

<p>Error to Morgan.</p> <p>1. Recording law — purpose of. The obvious design of our recording laws is to protect purchasers against latent equities.</p> <p>2. Deed — intent, not form, toill govern. Formerly it was essential to the operation of a deed of release, that the grantee should have an estate or interest in the land released; but many of the subtle distinctions and ceremonious forms, peculiar to the ancient modes of transferring titles, are abolished; and the policy of the law now requires that courts should look rather to the intention of the parties, in making the deed, than to the form in which that intention is expressed.</p> <p>3. Same — quit claim. A deed of release and quit claim is as effectual for the purpose of transferring title to land, as a deed of bargain and sale; and the prior recording of such deed will give it a preference over one previously executed, but which is subsequently recorded, (a) </p> <p>4. Recording law — priority of deeds. As a general rule, the deed first recorded must prevail over a prior unrecorded deed, where the deed first recorded is made in good faith, and the grantor intended to make a second conveyance of lands which he had previously conveyed. But where the terms of the second deed do not necessarily embrace the land previously conveyed, and, on the contrary, are such as to show that it was not the intention of the grantor to include them, the court will give it such construction as not to embrace them, and will not allow it to operate to the prejudice of the first purchaser.</p> <p>5. Same — same. The statute gives a priority to the deed first recorded only where the grantee has acted fairly and in good faith. If, at the time of making his contract, he had notice of a prior unrecorded conveyance, he is regarded as acting in bad faith; and neither the principles of justice, nor the policy of the law will allow him to avail himself of his priority of record. (b) </p> <p>, 6. Same — bar to subseqttent deed. The recordi