115 Ala. 647 | Ala. | 1896
The appellees recovered judgment against H. Foreman in Pike circuit court, on the 2d November, 1893, for $2,006. The lot of land in the
On this state of facts, the deed under which Griffin claims, never having been recorded, is void as to the appellees, as judgment creditors, unless it be held, that they had knowledge in fact, or constructively, of the execution of said deed, before the recovery of their judgment. — Code of 1886, § 1810; Griffin v. Hall, 111 Ala. 601; Millikin v. Faulk, 111 Ala. 658.
The facts in this case are the same as in the case between the same parties referred to above (111 Ala. 601), except that the lot in that case had been sold, as this one was, under execution on plaintiffs’ said judgment, the plaintiffs becoming purchasers in both instances, and one Logan, instead of Fillingin, was the tenant of Foreman, at the date of the sale of the latter, with the one here involved, to Griffin, on March 6, 1893. ■ Logan continued thereafter, as the tenant of Griffin until the purchase of that lot at execution sale by the plaintiffs on the 24th March, 1894. There as here, there was no pretense that plaintiffs had any knowledge or notice in fact of the deed from Foreman to Griffin; and we held, that on the facts stated, they had no constructive notice of it. The evidence to show constructive notice was the same in substance as here. The deed to Griffin was, therefore, void as to plaintiffs.
Affirmed.