Harris v. Reed

Citations

• 21 Idaho 364
• 121 P. 780
• 1912 Ida. LEXIS 123

Syllabus

<p>Beal Property — Suit to Quiet Title — Innocent Purchaser por Value —Unrecorded Conveyance — Unacknowledged Conveyance — Record op Acknowledged Conveyance — Constructive Notice.</p> <p>(Syllabus by the court.)</p> <p>1. Under the provisions of see. 3153, Rev. Codes, before any in-. strument may be recorded, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary, or proved and certified in the manner prescribed by statute, unless such instrument is one that is expressly exeepted from the requirements of the statute as to such acknowledgment or proof.</p> <p>2. Under the provisions of sec. 3159, Rev. Codes, a recorded conveyance of real property which has not been acknowledged or proved and certified as required by law, does not impart constructive notice of its contents to subsequent purchasers and mortgagees.</p> <p>3. Under the provisions of sec. 3159, in order tha-t a recorded conveyance of real property may impart constructive notice of its contents to subsequent purchasers and mortgagees, it must Be “acknowledged or proved and certified” as well as recorded.</p> <p>4. The record of a written instrument which is not By law entitled to Be recorded imparts no constructive notice to anyone.</p> <p>5. The conveyance of real property which sec. 3159 provides shall constitute constructive notice to “subsequent purchasers and mortgagees” is a conveyance made By the person from whom such “subsequent purchaser or mortgagee” is compelled to deraign his title, and has no reference to and does not include conveyances made by strangers to the record title.</p> <p>6. The subsequent purchasers of whom sec. 3159, Rev. Codes, speaks are those claiming title under the same grantor, and it is to these only the record- is constructive notice.</p> <p>7. Facts examined in this case, and held that they do not support a finding that certain purchasers from the original grantor had forfeited their contract and the p