Fowle v. . Ham

The Court denied a restraining order, and plaintiffs appealed. The admitted facts are, that plaintiffs bought the land in controversy from Weston, who owned it. The deed was duly recorded, but never cross-indexed — that is, the name of the grantor was entirely omitted from the index.

Weston afterwards conveyed 20 acres of the land to one Cox, whose deed was duly recorded and indexed. There was nothing to show in the grantor index that Weston had ever conveyed the land to plaintiffs, and, so far as the record discloses, Cox, who conveyed the land to defendant, himself had no knowledge, when…