94 Mich. 202 | Mich. | 1892
This is ejectment.
On April 9, 1890, Daniel E. Soper was the ‘ owner in-fee of the lots in question, and on that date conveyed the-same by warranty deed to Mary A. Soper, his wife, but.
Defendants excepted to the refusal of the coxxrt to - consider testimony offered by defendants tending to show (a) that the sheriff was notified that the property belonged to> defendant Mary A. Soper, and (d) that Daniel E. Soper had personal property subject to execution sufficient to-satisfy the judgment.
The statute (Act No. 227, Laws of 1889) provides that—
“No levy by execution on real estate, made after this, act shall take effect, shall be valid against dona fide conveyances made subsequent to such levy, until a notice-thereof, containing the names of the parties to the execution, a description of the premises levied upon, and the-date of such levy, shall be filed by the officer making the-same, in the office of the register of deeds of the county where the premises are situated, and such levy shall be a.*204 lien thereon from the time when such notice shall be so ■deposited; and the lien thus obtained shall, from the filing ■of such notice, be valid against all prior grantees and [mortgagees] mortgages of whose claims the party interested .shall not have actual nor constructive notice."
It is unnecessary to determine whether the knowledge 'of the sheriff who receives an execution is chargeable to the plaintiff in the execution, in whose interest the sheriff •■acts. Plaintiff here must be regarded as though the purchaser at the execution sale for value and without notice. •While it is true that notice to the agent is notice to the principal, yet the knowledge of the principal cannot be imputed to the agent with respect to a matter in which the latter is acting in his own interest.
The return of the sheriff recites that defendant had no .goods or chattels whereof the damages and costs could be made. The return cannot be questioned in this proceeding. Freem. Ex’ns, § 279.
The judgment is affirmed.