Toland v. Corey
Utah Supreme Court
Appeal from .a judgment of the district court of the first district and from an order refusing a new trial. The opinion states the facts. The respondents had no actual notice of the unrecorded deeds. Actual notice is required by our statute. Possession by itself is simply constructive notice. The statute of Utah recognizes no constructive notice outside of the record. Pomeroy Eq. Juris., Secs. 614, 615, 616 and 664 and cases cited.
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Appeal from .a judgment of the district court of the first district and from an order refusing a new trial. The opinion states the facts. The respondents had no actual notice of the unrecorded deeds. Actual notice is required by our statute. Possession by itself is simply constructive notice. The statute of Utah recognizes no constructive notice outside of the record. Pomeroy Eq. Juris., Secs. 614, 615, 616 and 664 and cases cited. The possession of appellant was -perfectly consistent with the record, which controls all other kinds of constructive notice. Smith v. Tule, 31 Cal., 180. The…
1Opinion of the Court
Blackbubn, J.:
This action is brought by the appellant for the cancellation of a deed to the respondents to a part of a lot in Ogdeni^ity, Utah, on the ground of fraud and inadequacy of consideration. It appears by the complaint and answer that the appellant owned a life estate in the premises, and her son, Isaac A. Crowford, owned the remainder; that he conveyed his interest to William Toland, the husband of the appellant, and he conveyed the same to her, but these deeds were not put upon record until the mortgages hereinafter mentioned were given and recorded, but they were made and…
2Cited by23 opinions
- 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Olivero v. ElegantiUtah Supreme Court · 1923
- Alabama & Vicksburg Railway Co. v. JonesMississippi Supreme Court · 1895
- Guardian State Bank v. StanglUtah Supreme Court · 1989
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