Faris v. Finnup

The opinion of the court was delivered by

Burch, J.:

The only subject involved in this appeal is that of actual notice of an unrecorded deed, under the act relating to conveyances of real estate, which reads as follows:

“No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record.” (Gen. Stat. 1868, ch. 22, § 21, Gen. Stat. 1909, § 1672.)

T. C. Mitchell acquired title to the land in controversy by means of a tax deed, dated October 23, 1899, and recorded October…