Jefferson County v. M.C. Mosley
Supreme Court of Alabama
226 Mo. 2d 652 (1969)
In 1945, Dillard granted Jefferson County (plaintiff) an unrecorded right of way across his property that overlapped an existing, visible road (Alton-Weems Road). In 1951, Dillard sold the property to Mosley (defendant) via a warranty deed that specifically excepted "all public roads, or easements and rights of way" over the land. Jefferson County didn't record its easement deed until 1952, after the sale to Mosley. Mosley later sold parts of the property to other defendants without investigating the exception in his own deed. The trial court found Mosley lacked actual or constructive notice of the county's easement, and Jefferson County appealed.
Whether a purchaser who has knowledge of facts sufficient to put her on inquiry notice is a purchaser without notice protected by a recording statute.