Long v. Langsdake, 56 Ark. 239 (1892)

May 21, 1892 · Arkansas Supreme Court

56 Ark. 239

Long v. Langsdake.

Opinion delivered May 21, 1892.

Innocent purchaser — Prior unrecorded conveyance.

One who purchases land in good faith and for a valuable consideration and enters into possession acquires a good title as against the unrecorded title of a prior purchaser from the same grantor.

Appeal from Miller Circuit Court in Chancery.

W. S. Bakin, Special Judge.

E. F. Friedell and John Hallum for appellants.

The fee to lands sold by the United States remains in the government until transferred by patent. 132 U. S. 239; 13 Pet. 36 ; Lester, Land Laws, 665. The statute does not begin to run until the patent issues. 13 Wall. 99; 132 U. S. 239.

Scott & Jones for appellees.

An unrecorded deed is not permitted to prevail against a subsequent purchaser without notice. Tiedeman on Real Property, sec. 816; 2 Kent, Com. (5th ed.) sec. 456 ; 23 Ark. 735.

Hemingway, J.

Both parties claim the land in controversy under transfer from Mary R. Spear. The deed to the plaintiffs was prior in date, but was not recorded until after the transfer to the defendant, his entry upon the land, and the institution of this suit. The court found that the defendant purchased the land for a valuable consideration, without notice of the prior transfers from Mrs. Spear, believing in good faith that she owned the. land. There is nothing in the abstract or brief of plaintiff challenging this finding of fact, and we accept it as correct. Upon it, the judgment for the defendant was proper.

Affirm.