Lusk v. Reel

Citations

• 36 Fla. 418

Syllabus

<p>1. A judgment creditor who purchases at an execution sale under his judgment without any notice, actual or constructive, of an unrecorded deed of the judgment debtor conveying the property purchased, is entitled to protection under the statute (McClellan’s Digest, p. 215, sec. 6) as an innocent purchaser.</p> <p>2. A purchaser at execution sale against one to whom real estate has been conveyed through mistake, but without any knowledge, actual or constructive, of such mistake, is likewise entitled to protection as an innocent purchaser.</p> <p>3. An execution creditor, equally with a subsequent purchaser, is protected under the statute against unrecorded deeds.</p> <p>4. When possession of real estate under an unrecorded deed is re' lied on as notice to the purchaser of the property at execution sale, it must appear that there was actual possession so as to give notice at the time of the rendition of the judgment under which the sale was made.</p>