Hafter v. Strange

Citations

• 65 Miss. 323

Syllabus

<p>1. Adverse Possession. As against recorded conveyance. Innocent purchaser.</p> <p>Actual occupation of land with claim of title by the grantor in a deed conveying the same is not, after the recording of the deed, notice to an innocent purchaser for value from the grantee in such deed, of an adverse claim of title by such grantor, the deed itself being a paramount assertion to the contrary.</p> <p>2. Same. Against fraudulent grantee. Notice to grantor. Failure to act. Effect as to purchaser. Case in judgment</p> <p>P. obtained a deed to certain land from S. by fraud, and had the same duly recorded. S. continued in possession with claim of title. One W., to whom P. made efforts to sell the land, informed S. that P. had her conveyance to the land. Afterwards P. conveyed the land to one H., an innocent purchaser for value, whereupon S. sought to have cancelled her conveyance to P. and his to H. Eeld, that after the notice from W., it was incumbent on S. to take steps against the fraudulent grantee, P., whom she knew was attempting to find a purchaser. Having failed to act when action would have availed, she cannot now complain, as against H.</p>