171 P. 410 | Or. | 1918
delivered the opinion of the court.
“It has become the settled construction of this statute that a judgment lien, in order to have precedence over a prior unrecorded deed or mortgage, must have been taken or acquired in good faith, without notice or knowledge of such prior unrecorded conveyance or mortgage, thus putting the judgment lien creditor upon the same footing as if he had subsequently acquired a deed to the same premises.”
In Randall v. Lingwall, 43 Or. 383 (73 Pac. 1), Mr. Justice Bean says:
“It seems to be well settled that the open, exclusive, and notorious possession of property by a stranger to the title is sufficient to put those who deal with it upon inquiry concerning the rights and equities of the party in possession, and to charge them with knowledge thereof when no inquiry is made. ’ ’
Defendant urges that in this case the occupants of the premises prior to the execution of plaintiff’s deed are the same people who occupied them afterward. We