[Download] "Piccolo Et Al. v. Tanaka Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Piccolo Et Al. v. Tanaka Et Al.
- Author : Supreme Court of Montana
- Release Date : January 11, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Quieting Title ? Vendor and Purchaser ? Deeds ? Recordation of Instruments ? Constructive Notice ? Judgment Liens. Real Property ? Record of Instruments ? Interest not Disclosed by Record not Subject to Lien of Docketed Judgment. 1. Construing the provisions of section 9410, Revised Codes of 1921, with those of section 9424, held, that an interest in real estate not disclosed of record is not subject to the lien of a docketed judgment. Same ? Vendor and Purchaser ? Deeds ? Constructive Notice from What Appears on Face of Deed. 2. Wherever a purchaser of real property holds under a deed and is obliged to make out his title through it, or through a series of prior deeds, he will be held to have constructive notice of every matter connected with or affecting the property which appears, either by description of parties, by recital, by reference or otherwise, on the face of any deed which forms an essential link in the chain of instruments through which he must derive his title. Same ? Recording of Instruments ? Constructive Notice to Whom. 3. The record of an instrument is constructive notice to subsequent purchasers and encumbrancers only, and does not affect a prior purchaser though he has not acquired the legal title nor made full payment of the purchase price. Same ? Quieting Title ? Contract of Sale ? Recordation ? Purchasers Title Held Superior to That of Holder of Judgment Against Subsequent Vendee. 4. In an action to quiet title it appeared that the owner, after entering into a contract of sale thereof with plaintiffs, whereunder payments were to be made in annual installments, and after assigning the contract to a bank to which he was indebted, gave a warranty deed to the property to a third party for wages alleged to be due. Shortly thereafter the contract of sale was recorded. Plaintiffs had no knowledge of such deed and the third party never made demand upon them for the installments as they fell due, but left the country as did the vendor. The lands were attached about two years after recording of the contract by a creditor of the third party, with full knowledge of the prior transactions, and bought in by him on execution sale. Later, and - Page 446 before the deed to the third party was recorded, plaintiffs paid the assignee bank in full. Held, that the rights of plaintiffs were superior to those of the claimant under execution sale.