Yates v. Hurd

Ejectment by defendant in error; contest over half of a certain lot in Georgetown. Both parties claim through one Smith, who is therefore a common source of title. Hurd holds by warranty deed from Smith. Tates relies upon possession and an unrecorded written agreement from Smith promising to sell. Tates was at the time of Hurd’s purchase, and had been for three years prior thereto, in the visible and exclusive possession of the premises. This fact gives rise to the principal question in the case, viz.: Did such possession of Tates operate as a notice to Hurd, and thus render the latter’s…