Hopkins v. O'Brien

Citations

• 57 Fla. 444

Syllabus

<p>1. Under our recording laws subsequent purchasers acquiring subsequent title without notice of a prior unrecorded deed will he protected against such unrecorded conveyance unless the party claiming thereunder can show that such subsequent purchaser acquired his title with notice of such unrecorded conveyance and that the burden of showing such notice is upon the party claiming under such unrecorded conveyance; and that all of the presumptions in such a case are in favor of the bona lides of such subsequent purchaser, and that he acquired his subsequent title in good faith and without notice of the prior unrecorded conveyance, and that the burden is on the party who has neglected to record his prior title to show that the subsequent purchaser has acted in fraud of his rights by purchasing with notice of his unrecorded prior conveyance.</p> <p>2. The evidence in this case does not clearly establish the right of the complainants claiming under a prior unrecorded deed to relief against a subsequent purchaser for value under an application of the rule stated in the first headnote.</p>