Chestnut v. Weekes

Gilbert, Justice.

Headnotes 1, (a), and (5) need no elaboration.

It was shown by uncontradicted evidence that R. W. Gay was the son of Mrs. Sarah M. Gay, the grantor, and was in possession of the land at the time Chestnut obtained his deed from Mrs. Baird. Because of that fact it is contended that the possession of the tenant, R. W. Gay, was sufficient to put Chestnut upon inquiry, and that such inquiry would have disclosed the facts alleged in the petition. It will now be considered whether or not notice constitutes a defense under the facts of this ease to that part of the suit seeking a…