Feinberg v. Stearns

Citations

• 56 Fla. 279

Syllabus

<p>Unrecorded Conveyance —Does Not Affect Judgment Creditor Without Notice — Burden of Proof of Notice of Unrecorded Conveyance — Assignee of Judgment Takes All Rights AND Rf.MEDIES of JUDGMENT CREDITOR.</p> <p>1. The law is well settled that under our recording laws subsequent purchasers and creditors acquiring subsequent liens by judgment or otherwise without notice of a prior unrecorded deed will be protected against such unrecorded conveyance,, unless the party claiming thereunder can show that such subsequent purchaser or lien creditor acquired his title or lien with notice of such unrecorded conveyance; and the burden of showing such notice is upon the party claiming under such unrecorded conveyance. All of thes presumptions in such a case are in favor of the bona {ides of such subsequent purchaser or lien creditor, and that they acquired their subsequent title or lien in good faith and without notice of the unrecorded prior conveyance.</p> <p>2. An execution creditor, equally with a subsequent purchaser, is protected under the statute against unrecorded deeds, and in order to deprive such judgment creditor of the protection of the recording statute it must be shown that he had notice in some recognized way of the rights of the party claiming under the unrecorded deed at the time of the rendition of his judgment,</p> <p>3. The assignment of a judgment carries with it the cause of action on which it is based, together with all the beneficial interest of the assignor in the judgment and all of its incidents. Such an assignment entitles the assignee to use every remedy, lien, or security available to the assignor as a means of enforcing the judgment. And if in such a case, the judgment creditor had no notice of an unrecorded deed at the time of the rendition of his judgment his assignee of such judgment will be protected by the recording statute against such unrecorded deed even though such assignee had knowledge of such unrecorded deed prior to his purchase of s