Hines v. Lavant

E. M. Lavant, holding- actual possession under a bond for title from L. C. Durrence, instituted an action against E. H. Hines and E. E. Hines, to enjoin the cutting of timber and otherwise interfering with plaintiff’s possession of three separate tracts of land containing 12,. 8, and 7 acres respectively. Durrence was afterwards made a party plaintiff. At an interlocutory hearing- the judge granted a temporary injunction, and the defendants excepted. Held:

1. A deed from a sheriff to a purchaser at sheriff’s sale, duly recorded, is entitled to priority over an unrecorded deed from the…