20 S.E. 955 | Va. | 1895
delivered the opinion of the court.
The Roanoke Brick & Lime Company, by deed dated April 21, 1890, sold to "W. A. Meeks certain real estate in the city of Roanoke for $1,000, $500 of which was paid in cash ; and for the balance Meeks executed 100 negotiable notes, in the sum of $35 each, payable in monthly installments, the first of them falling due on the 21st day of the ensuing May. Meeks paid eight of these notes, and by deed dated December 30, 1890, he sold the same property to James N. Ranson, Jr., for the sum of $7,500, $2,500 of which was paid in cash; and, for the residue, Ranson assumed the payment of the 92 $35 notes, executed by Meeks to the Roanoke Brick & Lime Company, remaining unpaid at the date of the deed, and executed for the residue of the purchase money two notes of $890 each, payable in one and two years from date. The first deed referred to, from the Roanoke Brick & Lime Company to Meeks, is a conveyance with general warranty, and with all the usual covenants as to quiet enjoyment, for further assurances, etc. In the second deed, Meeks covenants that he has a right to convey the said land to grantee; that he has done no act to incumber said land, except the deed of trust above mentioned ; that the grantee shall have quiet enjoyment of said land; that it is free from incumbrance ; and that the party of the first part shall execute such further assurances as may be requisite. By deed of even date with that last referred to, James M. Ranson conveyed his property to James S. Simmons, as trustee, to secure the payment of the two notes above referred to, of $890 each, which he describes as the unpaid purchase money on the property conveyed. The two notes thus secured were negotiated before maturity, and are
It may be conceded that there is enough on the face of the de.ed from Meeks to Ranson, dated December §0,1890, to put Ranson, and all who claim under him, upon inquiry as to the
Assuming, therefore, that there was enough in this deed to put a reasonably prudent man upon inquiry, and that it pointed to the Roanoke Brick & Lime Company as the source of information, and that those whose duty it was to make the investigation are to be charged with knowledge of all defects, which could have been thus acquired, how stands the case ? It is not to be presumed that the information thus obtained would have been other than that which the brick and lime company has been able to place in this record as the result of its efforts to establish its case against these defendants. The utmost, therefore, that could have been learned of the pretensions of the plaintiff, are the facts as stated by the witnesses adduced by the plaintiff to testify in its behalf.
It has been said that the inquiry should have been addressed
A lien is claimed by the plaintiff, in its bill, upon the futher ground that “by the deed of December 30, 1890, James M. Ranson, having assumed the payment of the $35 notes be