Jefferson County v. M.C. Mosley

284 Ala. 593 (1969)

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Nature of the Case

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Facts

On October 18, 1945, Lester Dillard by warranty deed conveyed to Jefferson County (P) a right of way for public purposes across lands situated in the subdivision involved. The right of way was described as being eighty feet wide of a proposed road which was described by metes and bounds. In September 1949, the road that traversed the subdivision was widened, paved, and improved. When finished, it followed a substantial portion of the right of way given to P. The road was 30 feet wide when finished. On December 20, 1951, Dillard conveyed by warranty deed certain real property to Mosley (D). The description in that deed included the right of way conveyed to P and described it as subject to all public roads, or easements, and rights of way thereover. The right of way from Dillard to P was not recorded until April 2, 1952, or subsequent to the deed to D. On May 26, 1952, D conveyed by warranty deed certain real property in the subdivision to Peoples. The description in that deed included a part of the right of way conveyed by Dillard to P. The deed as recorded on July 7, 1952. On June 26, 1953, by warranty deed, D conveyed to Self-certain real property, and the description of that real property included a part of the right of way conveyed to P from Dillard. The Self deed was recorded on June 26, 1953, and a deed correcting that description was recorded in the office on December 29, 1958. The trial court ruled that D did not have notice either actual, constructive, implied nor were there sufficient facts to put him on inquiry of the execution of the Dillard to P right of way. Thus, the follow on parties acquired the same title D gave even though P recorded its deed before the subsequent conveyances. P appealed.