18 FEDERAL nnrorrrnn.
. brance, has both paid the whole of the purchase money and taken a con-
veyance. This, it must beremembered, is necessary as to an unrecorded
conveyance. The following are a few of the many decisions sustaining
V this doctrine: Briscoe v. Ashby, 24 Grat. 476, 477; Shirms v. Oaig, 7
° Cranch, 34-48; Vattier v.` Hinds, 7 Pet. 274; Boone v. Qhilcs, 10 Pet. 211;
Society v. Stone,3 Leigh, 218-236; Doswellv. Buchamards E:v~’rs, Id. 381-384.
. See, also, 2 Rob. Pr. (Old Ed.) 29, 30, 307; 2 Minor, Inst. 1028-1031;
Bank v. Manoaé, 76 Va. 802. The only modification of this doctrine to be
found in the decisions of the supreme court of appeals of Virginia is in
Pre.ston’s Adm.’·r v. Nash, 75 Va. 949. In that case the court held that a
subsequent purchaser without notice of an unrecorded deed of trust was
one who had paid the whole of the purchase money, and was entitled to
a conveyance. In the casebefore the court the deed of trust securing
‘ James was recorded before the purchase by McCormack, and the pur-
chaser had not paid the whole of the purchase money, so as to entitle
him to a conveyance. The facts in the case of Preston? Adm’r v. Nash
_ are so widely difierent from those in the case under consideration as not
to require discussion. In fact, all of the decisions on this subject of an
innocent purchaser for valuable consideration without notice deal with
the question of priority- arising out of unrecorded deeds, creating liens
on the purchased property. None of them involve the decision of the
validity of a deed properly executed and recorded, as in this case, prior
A to the purchase. ` . · V
V In some of the United States, recordation of deeds or other writings
?required to be registered in accordance with the registry acts is held to
charge a subsequent purchaser with notice. It is diiiicult to see how a
different view can be heldas to a deed of trust properly recorded under
the registryacts of Virginia. Chapter 118, § 5, Code Va. 1860, pro-
vides that every deed of trust or mortgage, conveying real estate or goods
-and chattels, shall be void as tocredltors and subsequent purchasers for
· valuable consideration without notice, until and· except from the time it
i is duly admitted to record in the county or corporation wherei·n the prop-
erty embraced in such contract or deed may be." The very object of the'
~ legislature in enacting this provision was to give the purchaser orother
person dealing with the property notice of any incumbrance thereon.
Forltheconvenience of persons desiring to investigate the condition of
the property, the clerk is required t0· keep an index of the record-book,
··as well in the name of thegrantor as of the grantee. In order to give
rfurther notoriety to such transactions, the clerk is required topost, in
·· the morning of the first dayof each term of hiscourt, at the front door
of the court-house, a list of alllwritings admitted to record under chap-
ter 121, Code 1860, during or since the preceding term, and a duplicate
of such list is to be presentedto the court, and entered of record in the
minutes. Code Va. 1860, c. 121, §§ 8, 10. So complete are the re-
· quirements for the registratibn of all matters touchingr the titles to land,
iso easy of access is the necessary informatiomand so generalamong all
classes of people is the knowledge where and how it can be attained, that,
in the language of a distinguished law writer, "‘for one to be deceived ar-