Herndon v. Ogg
Court of Appeals of Kentucky
Case 104 — Action by William Herndon and Others Against William Ogg to Recover Land, Involving the Question Whether a Deed Recorded in the Proper Office, but not Indexed is Notice to an Innocent Purchaser. APPEAL FROM MADISON CIRCUIT COURT-J. M. BENTON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals.
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Case 104 — Action by William Herndon and Others Against William Ogg to Recover Land, Involving the Question Whether a Deed Recorded in the Proper Office, but not Indexed is Notice to an Innocent Purchaser. APPEAL FROM MADISON CIRCUIT COURT-J. M. BENTON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. Our contention is that a deed not indexed, although recorded, is not good against a purchaser without notice; in other words, a record without index is no record at all, and is not notice in the meaning of the law. Kentucky Statutes, sec. 513; Elliott v. Harris, 81 Ky., 474; Webb v.…
1Opinion of the Court
Opinion of the court by
JUDGE NUNN
Affirming.
It appears from the record that appellants on the 29th of August, 1895, purchased from one Shelby Nunn one-fifth undivided interest in a tract of land in Madison county, subject to the life estate of his mother, Sophia Nunn, and on that day Shelby Nunn and his wife conveyed this interest to appellants, and they had this deed, with the certificate of acknowledgment, duly recorded in the clerk’s office of that county on the third of October, 1895. It also appears that on the 25th of July, 1892, Shelby Nunn executed and acknowledged a deed for this same…
2Cited by4 opinions
- Seat v. Louisville & Jefferson County Land Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Fletcher v. WiremanCourt of Appeals of Kentucky · 1913
- Cain v. GrayCourt of Appeals of Kentucky · 1912
- Carter Guaranty Co. v. Cumberland & Manchester RailroadCourt of Appeals of Kentucky (pre-1976) · 1927