Plant v. Smythe

California Supreme Court
Plant v. Smythe, 45 Cal. 161 (Cal. 1872)

Plant v. Smythe

Opinion of the Court

By the Court:

The fact being conceded that at the time the defendant sued out his writ of attachment against Vest the latter had already conveyed the premises to the plaintiffs, by delivering to them a deed of conveyance thereof, it follows that the *163levy of the attachment was ineffectual as against the plaintiffs.

The fact that the deed of conveyance had not been recorded is immaterial, nor would it be worth while to inquire if the attaching creditor had actual notice of the existence of the unrecorded deed, or such informatiou as would put him upon inquiry as to its existence.

•The Registry Act does not make an unrecorded deed void as against subsequent attaching creditors, but only against subsequent purchasers, or mortgagees, for a valuable consideration, and without notice of the prior unrecorded conveyance.

Judgment affirmed.

Reference

Full Case Name
HUGH T. PLANT and JOSEPH FEITTRO v. MICHAEL SMYTHE and ISAAC HOBBS, Sheriff of Solano County
Cited By
14 cases
Status
Published
Syllabus
Attachiug Laud Already Sold.—The levy of an attachment upon real estate, after the defendant in the attachment has sold it, is ineffectual as against the grantee in the deed, even if the deed had not been recorded, and the attaching creditor had no notice of the sale. Registry Act.—The Registry Act does not make an unrecorded deed void as against subsequent attaching creditors.