Parrish v. Mahany

Citations

• 10 S.D. 276
• 73 N.W. 97
• 1897 S.D. LEXIS 68

Syllabus

<p>1. Where the motion for new trial was made after judgment, and not appealed from, the sufficiency of evidence to justify the referee’s finding of fact cannot be reviewed.</p> <p>2. Where the grantee’s agent had once delivered a deed for record, his subsequent unauthorized act in directing a return thereof did not affect its operation as a recorded instrument.</p> <p>3. The fact that a grantee, immediately upon learning that a deed that had been delivered for record was withdrawn, by the unauthorized act of an agent before being spread in full upon the records, delivered it a second time for record, did not affect its operation as a recorded instrument from the date of its first delivery.</p> <p>4. Where a register of deeds is not required to pa,y any fees to the county, he may waive his right to have fees paid in advance and, where he files a deed for record without demanding- such payment, he is bound to record it.</p> <p>5. Where a grantor at different times executed separate deeds to two different persons, to the same iJroperty, he who accepts a mortgage, after both deeds are recorded, from the grantee in the deed last executed, but first recorded, has a valid title as mortgagee, as against the grantee of the deed first executed, only if his mortgagor was a bona fide purchaser from his grantor, though the mortgagee had no actual knowledge of the .deed first executed.</p> <p>.6. In the absence of any finding, the mortgagor will bo presumed to be a bona fide purchaser.</p>