154 N.Y.S. 439 | N.Y. App. Div. | 1915
William King died in 1856. At the time of his death he was seized in fee of a farm of seventy-six acres of land, the subject of this controversy. The farm was covered by a purchase-money mortgage for $1,510. King left a will hy which he gave the use of one-third of his farm to his wife during her life, and the use of the other two-thirds to Hastings A. King,
The case has been tried before, and a judgment was rendered
Without repeating the language' of the Recording Acts or quoting from the numerous decisions construing them it may be assumed here, as it appears to have been assumed by the attorneys at the trial, that it is the settled law of the State that when a bona fide purchaser of real estate, the record title of which is clear, purchases for a valuable consideration without notice of a prior unrecorded title or claim or
Having concluded that the Trial Term was right in holding that there was no actual notice we have now only to determine whether there was constructive notice. The plaintiff urges that there was constructive notice and that this arose from the fact that the will of William King, under which the plaintiff claims, was on file and was recorded in the surrogate’s office of Tompkins county. The Recording Acts
In the records which the statute required the defendant to search there was no sign or intimation of the existence of the plaintiff’s claim. The record in the county clerk’s office showed the title to be clear and perfect. That was the record on which the law permitted the defendant to rely. This being so, no other record could give him constructive notice.
On the previous trial it was found as a fact that the defendants Bangs were not purchasers in good faith, but that each of them had actual notice of the plaintiff’s claim. The Court of
There is no equity in the plaintiff’s position. She has been guilty of gross laches in several particulars, even though the Statute of Limitations has not run against her. The judgment dismissing her complaint should be affirmed.
All concurred; Smith, P. J., in result.
Judgment unanimously affirmed, with costs.
See 1 R S. 756, § 1, as amd. by Laws of 1896, chap. 572, § 2; Real Prop. Law (Gen. Laws, chap. 46; Laws of 1896, chap. 547), § 241; Real Prop. Law (Consol. Laws, chap. 50; Laws of 1909, chap. 52), § 291.— [Rep.
See 1 R. S. 762, § 38; former Real Prop. Law, § 240, as amd. by Laws of 1905, chap. 449; Real Prop. Law, §290, subd. 3.— [Rep.