Legal Opinion

Daniel v. Hester

Supreme Court of South Carolina

Decided July 13, 1888PublishedCited by 6 opinions

Before Fraser, J., Colleton, The opinion fully states the case. The Hester deed was effectual from its date (Oct. 35, 1867), because recorded in time, while the Raysor deed of January, 1867, only became effectual from its record, January 12, 1872. 6 Rich., 437; 2 Hill Oh., 219; 11 Rich., 118; 1 Strob., 121; 20 S. 0., 197. Mere naked possession is not notice, but it must be a possession that will convince a reasonable mind of the necessity of inquiry.

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Before Fraser, J., Colleton, The opinion fully states the case. The Hester deed was effectual from its date (Oct. 35, 1867), because recorded in time, while the Raysor deed of January, 1867, only became effectual from its record, January 12, 1872. 6 Rich., 437; 2 Hill Oh., 219; 11 Rich., 118; 1 Strob., 121; 20 S. 0., 197. Mere naked possession is not notice, but it must be a possession that will convince a reasonable mind of the necessity of inquiry. The doctrine is equitable in its character, and does not apply where it is based upon a legal paper title. In such •case, the record, not…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The plaintiff brought this action to foreclose a mortgage of a piece of land, executed by the two Hesters, and in his complaint alleged that the other defendants were in possession of the mortgaged premises, claiming some interest therein, accruing since the execution of the mortgage. The Hesters made default, but the other defendants answered, setting up title in themselves superior to the mortgage. Judge Wither-spoon, who heard the case originally, rendered judgment of foreclosure against the Hesters, but suspended the execution…

2Cited by6 opinions

  1. Betts v. LetcherSouth Dakota Supreme Court · 1890
  2. Epps v. McCallum Realty CompanySupreme Court of South Carolina · 1927
  3. Foster v. BaileySupreme Court of South Carolina · 1909
  4. Oliver v. McWhirterSupreme Court of South Carolina · 1919
  5. Ex Parte City of Anderson v. Brown BrosSupreme Court of South Carolina · 1909

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