52 So. 200 | Ala. | 1910
The complainants’ grantor, Jones, had a deed from the Ensley Company, prior in date to the judgment of Steiner Bros, against said Ensley Company; but said deed was not recorded until March 5, 1891, some time subsequent to the judgment, which was rendered January 17, 1891. The deed would, therefore, be void as to the judgment, under the statutes of registration (section 3383, Code of 1907), unless it was shown that the judgment creditor had notice of same, and the burden is upon the grantee in said deed to show notice.—Rankin Mfg. Co. v. Bishop, 137 Ala. 275, 34 South. 991; Center v. P. & M. Bank, 22 Ala. 756. The complainants attempt to charge notice of the fact that these lots had been sold to B. Steiner before the rendition of the judgment by a familiarity with the condition of affairs of the Ensley Company, growing out of his dealings therewith and the filing of a certain bill by his firm against said company, prior to the rendition of said judgment. We do not think that the facts shown were sufficient to charge the plaintiffs in the judgment with notice that the lots had been sold or that Jones had purchased them before they obtained their said judgment.
Section 4154 of the Code of 1907 is as follows: “If ten years have elapsed from the rendition of the judgment or decree without issue of execution, or if ten years have elapsed since the date of the last execution issued, the judgment or decree must be presumed satis
The complainants not only showed constructive possession under a superior title, but that they were in the actual possession, through their agent, Lewis, when the bill was filed. The chancellor erred in dismissing the
Reversed and rendered.