Hollingsworth v. Wilson
Supreme Court of Louisiana
APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. First — A sale has no effect against third parties, until recorded in the parish where the property is situated. Knowledge is not equivalent to registry. 21 A. 426 ; 26 A. B84 ; 29 A. 315 ; 28 A. 375. Second — An unregistered private act, though with possession, has no effect against tona fide purchasers without notice.
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APPEAL from the First Judicial District Court, parish of Caddo. Taylor, J. First — A sale has no effect against third parties, until recorded in the parish where the property is situated. Knowledge is not equivalent to registry. 21 A. 426 ; 26 A. B84 ; 29 A. 315 ; 28 A. 375. Second — An unregistered private act, though with possession, has no effect against tona fide purchasers without notice. The vendee’s laches, in not registering his title, descend to those who claim under him. Purchasers in good faith are not bound to search the public records indiscriminately and inspect every act…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This case presents no dispute as to facts, and involves a single question of law.
*1013It is a contest for the ownership of an immovable between parties, each of whom is in good faith, and presents a title just and translative of property and traceable to a common author. Marks, the common author, sold to J. M. Gilmer in 1845, and again sold to Marshall in 1850. The title to Gilmer was not recorded until 1854, while that to Marshall was recorded in 1850 ; but in 1848 Gilmer sold to J. B. Gilmer, whose title was recorded in 1848, two years before…
2Cases cited3 opinions
- Hildreth v. AldrichSupreme Court of Rhode Island · 1885
- McCullough v. BiedlerCourt of Appeals of Maryland · 1886
- Russell v. CruttendenSupreme Court of Connecticut · 1886
3Cited by4 opinions
- Harang v. Bowie Lumber Co.Supreme Court of Louisiana · 1919
- Schneidau v. New Orleans Land Co.Supreme Court of Louisiana · 1912
- Moulierre v. CocoSupreme Court of Louisiana · 1906
- John T. Moore Planting Co. v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1908