Henderson v. Ozan Lumber Company

Ed. F. McFaddin, Justice.

This litigation is between the holder of an unrecorded timber deed and the subsequent purchaser of the land. The controlling question is whether such purchaser had notice of the timber deed prior to his acquisition of the land. The law on the point is well settled. In Millman Lumber Co. v. Bryant, 213 Ark. 277, 209 S. W. 2d 878 we reviewed many of our earlier cases, and quoted with approval the rule stated in Devlin on Real Estate, 3rd Ed., § 725:

“ ‘It is a well settled rule, both in England and in this country, that subsequent purchasers who have notice of a prior…