Legal Opinion

Harris v. Reed

Idaho Supreme Court

Decided February 15, 1912PublishedCited by 20 opinions

APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to quiet title. Judgment in favor of the plaintiffs. Defendants appeal. A purchaser is charged- with notice of every fact shown by the records, and is presumed to know every 'other fact which an examination suggested by the record would have disclosed. (Northwestern National Bank v. Freeman, 171 Ü. S. 620, 19 Sup.

Read the full summary

APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to quiet title. Judgment in favor of the plaintiffs. Defendants appeal. A purchaser is charged- with notice of every fact shown by the records, and is presumed to know every 'other fact which an examination suggested by the record would have disclosed. (Northwestern National Bank v. Freeman, 171 Ü. S. 620, 19 Sup. Ct. 36, 43 L. ed. 307.) An instrument properly recorded is notice to the world, not only of facts therein expressly set forth, but also of all other material facts…

1Opinion of the CourtAilshie, J.

(After stating the facts.) — The respondent Harris asserts her claim and rights in this case as an innocent purchaser without notice of the previous conveyances consisting of the contract of sale and the mortgages. No contention is made in the case that she had actual notice of any of these transactions, so the determination of this ease is resolved down to the question as to whether or not she had constructive notice under the statute of this state providing for the record of conveyances. Before proceeding further, let it be noted that we use the word “conveyance” in this opinion as the same…

2Cases cited18 opinions

  1. Lee v. MurphyCalifornia Supreme Court · 1897
  2. Merced Bank v. RosenthalCalifornia Supreme Court · 1893
  3. Wilson v. Traer & Co.Supreme Court of Iowa · 1866
  4. Froman v. MaddenIdaho Supreme Court · 1907
  5. King v. SeebeckIdaho Supreme Court · 1911

13 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Seccombe v. WeeksIdaho Court of Appeals · 1989
  2. Credit Bureau of Preston v. SleightIdaho Supreme Court · 1968
  3. Giffen v. FaulknerIdaho Supreme Court · 1930
  4. Maxwell v. Twin Falls Canal Co.Idaho Supreme Court · 1930
  5. Hunt v. McDonaldIdaho Supreme Court · 1944

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API