McNamee v. Huckabee

Citations

• 20 S.C. 190
• 1883 S.C. LEXIS 138

Syllabus

<p>1. After the settlement of tbe “ Case ” by the Circuit judge, leave was given by this court to appellant to file additional exceptions to the charge of the judge as settled by him.</p> <p>2. On the submission of a “Case” to the Circuit judge for settlement, he corrected his charge in particulars as to which no amendments had been proposed. Held, that no appeal lay from such settlement.</p> <p>3. A deed executed in 1857, but not recorded until December 7th, 1877, has priority over a deed to the same land executed in September, 1877, but not recorded until December 20th, 1877 — more than forty days after its execution. Steele v. Mansell, 6 Rich. 437, approved.</p> <p>4. The act of 1876 (16 Stat. 92) applied only to deeds executed after January 1st, 1877, and, therefore, by its repeal of all acts inconsistent with it, did not repeal the registry acts then of force so far as they provided for registration of deeds executed prior to 1877.</p> <p>5. Deeds executed under the registry act of 1876 and not recorded within forty days, are valid as against 'subsequent purchasers and creditors for valuable consideration without notice only from the date of record.</p> <p>6. The registry of deeds, which were recorded between December 14th, 1876, and May 1st, 1882, without the indorsement of the county auditor, was legalized by section 1778 of the general statutes.</p> <p>7. The general statutes of 1882 was not a mere compilation of pre-existing acts and joint resolutions, but a statute having the force of law as such from the time it went into operation.</p>