Fleming v. Watson

I agree that the trial court was correct in quieting title to the property in the appellee Mae Hughes and in denying the appellants’ motion for a new trial. It is my view, however, that the trial court’s judgment should be affirmed for the reason that the provisions of Code 1975, § 35-10-20, are dispositive. That section provides in pertinent part:

“As to third parties without actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage, or reservation of vendor’s lien, either in deed of conveyance or note, bond or contract of purchase covering real estate 20…