16 S.E. 397 | N.C. | 1892
In the absence of fraud, Mrs. Withrow, the grantee in the unregistered deed, was the equitable owner of the land in controversy. Ray v. Wilcoxson,
The court apparently was of the opinion that "actual notice," as used in the statute, was synonymous with actual knowledge or personal notice. In this there was error. "To qualify the rule in this manner, the notice which is given through an agent would be to cut off entirely from the possibility of notice a large class of litigants in cases requiring actual notice. . . . If the agent has actual notice, the principal is charged with notice of the same kind. . . . But if we wish to state *195 the rule with greater accuracy, its true meaning may be given by stating it as universally understood, that notice to an agent is equivalent to notice to the principal." Wade on Notice, sec. 672.
If it were otherwise, an agent would be employed whenever it was convenient to remain in ignorance. Bank v. Davis, 2 Hill, 461. LordBrougham says the reason of the rule is that the "policy and the safety of the public forbid a man to deny knowledge while he is so dealing as to keep himself ignorant, and yet all the while let his agent know, and himself perhaps profit by that knowledge." Kennedy v. Green, 3 Mylune Keen, 699.
The plaintiff, however, insists that the proviso to which we have referred does not extend to purchasers at sheriffs' sales and that the error in the charge as to notice was therefore harmless. This is true in respect to constructive notice arising out of actual possession (see this case in
We see no force in the contention that the notice should not have the effect of impairing the rights acquired under the lien of the docketed judgment. A judgment lien and execution operate only (311) upon the interest of the judgment debtor, and the purchaser at an execution sale takes only such rights as he possessed. Rollins v. Henry,
This principle is unaffected by the act under consideration, except, as has been held in the particular instance of an unregistered conveyance, when no notice has been given at or before the execution sale.
NEW TRIAL.
Cited: S. c.,