86 Me. 241 | Me. | 1894
This is a real action to recover a small homestead in Palermo, in Waldo county, about the title to which certain undisputed facts appear. Willard H. Chadwick received a deed of the farm from his father in 1872. In May, 1875,
The disputed fact of the case is whether the demandant, when she made her attachment, had actual notice that the land had been previously conveyed by her debtor. The Chadwicks, husband and wife, testify that upon their return to Worcester, or'soon afterwards, they spoke to her or in her presence of their having during their absence sold their farm in Maine ; and the pretended conversations are related in several ways. All this is wholly denied by the demandant who was also a witness. The testimony for the defense does not impress us as being-entitled to very great credibility, but whether the jury were justified in their full acceptance of it as true we need not, in our view of the case, now consider.
The true inquiry manifestly is whether the demandant was chargeable, at the very date of her attachment, with a kind and degree of notice which would render such attachment invalid. In
Our conclusion is not at all in conflict with the doctrines-enunciated in Knapp v. Bailey, 79 Maine, 195. That case' extends a generous protection to grantees whose deeds are not recorded but are known to parties trying to gain priority over them. But the doctrine is not to be extended and should not be misapplied. It is a very grave neglect for a grantee to fail to record his deed.
The counsel for the defendant contends, erroneously however, that the judgment recovered in Waldo county by the demandant, upon which the sale was made to her as a purchaser, is void because issued against the debtor personally instead of against the property attached only, the court acquiring no jurisdiction over the person. It is very common to allow such judgments although not always available against the defendant personally, or collectible beyond the amount of the property attached on the writ. Eastman v. Wadleigh, 65 Maine, 251.
Motion sustained.