Dozier v. Barnett
Court of Appeals of Kentucky
Case 50 — PETITION EQUITY APPEAL EEOM ESTILL CIRCUIT COURT. The deed from the moment it was lodged for record was notice to the world; it vested the title to the land in the children. A deed is not properly lodged for record until the tax is paid, nor is it notice unless recorded, or properly lodged for record, and can not be used to defeat a Iona fide purchaser for a valuable consideration paid. (See Phillips v. Clark, &c., 4 Met. 352; sec. 32, chap. 24, Rev. Stat.)
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
On the • 5th day of January, 1853, Lewis Barnett, of the county of Estill, made a deed by which he conveyed a tract of land lying in Estill County to the children of his sons Matthew *458and Stanton Barnett, and the children of his daughter Barthena Dozier, who was the wife of Joseph Dozier. This deed was never admitted to record in the clerk’s office of the Estill County Court, but was acknowledged before the clerk of that court shortly after it was made. The vendor and his children resided on the land till his death, when his children took…
2Cases cited2 opinions
- Hancock v. Beverly's heirsCourt of Appeals of Kentucky · 1846
- M'Clain v. GreggCourt of Appeals of Kentucky · 1820
3Cited by3 opinions
- Morgan v. Big Woods Lumber Co.Court of Appeals of Kentucky · 1923
- Mounts v. MountsCourt of Appeals of Kentucky · 1913
- Chesnut v. AllenCourt of Appeals of Kentucky (pre-1976) · 1940