Mcirvine v. Thompson

Martin, C.

This was an action of ejectment in the usual form for a parcel of land in DeKalb county. Both parties claimed under a common source of title. The deed under which plaintiff claimed from the common grantor, had been recorded in Gentry county and not in DeKalb county, in which the land was situated. The deed, under which defendant claimed, was subsequent in time, but was duly recorded. The issue presented to the jury involved the question as to whether the claimants under the second deed received their title, for consideration, and without notice of the former conveyance so as to be…