Harris v. Williford

• Decision Date: 07 November 1942
• Citation: 165 S.W.2d 582,179 Tenn. 299
• Parties: HARRIS v. WILLIFORD et al.
• Court: Tennessee Supreme Court

165 S.W.2d 582

179 Tenn. 299

HARRIS v. WILLIFORD et al.

Supreme Court of Tennessee.

November 7, 1942

Appeal from Chancery Court, Roane County; J. H. Wallace, Chancellor.

Suit by D. O. Harris against O. B. Williford and others to quiet title and cancel deed as cloud on his title. From a decree for complainant, the defendants appeal.

Affirmed.

R. B Cassell and R. L. Tindell, both of Harriman, for complainant.

R. H Ward, of Kingston, for defendants.

CHAMBLISS Justice.

In 1930 George T. Hood for a valuable consideration executed and delivered to J. F. Evans, trustee for complainant Harris, a deed conveying the tract of land title to which is in controversy. This deed was not registered until May 11th 1940. Meanwhile, Hood had died on November 17th, 1937, and H. C. Hood, his son and sole heir, had conveyed this tract to defendant O. B. Williford by deed dated April 15th, 1938, and registered June 6th, 1938. Thereafter O. B. Williford conveyed to May Hood Williford, by deed dated and registered June 7th, 1938. It is stipulated that both O. B. Williford and May Hood Williford are bona fide purchasers without notice.

This bill is filed by Harris praying that the title and right of possession be decreed to him and that the deeds to defendants O. B. and May Hood Williford be held fraudulent and void and cancelled as clouds.

The case was heard on a stipulation of facts and the chancellor granted complainant the relief prayed. Defendants appeal.

As will have been seen, the contest is between Harris, the holder of an unregistered deed, and the Willifords, holders of and under a deed executed by a son and heir of the grantor to Harris.

It is apparently conceded by learned counsel for defendants, appellants here, that independent of Chapter 122, Acts of 1937, complainant has the better title. Whatever doubt may have theretofore existed, it was definitely settled in Wright v. Black, 159 Tenn. 254, 17 S.W.2d 917, that an unregistered deed is good against all persons except (1) bona fide purchasers from the vendor and (2) creditors of the vendor. That case decided that a creditor of an heir of a vendor who had conveyed land during his lifetime could not maintain a claim as against the holder of an unregistered deed; and the case is authority for the proposition that an heir can convey no title as against such a holder of such an unregistered deed.

However, appellants insist that Chapter 122, Acts of 1937, applies and controls. It reads as follows:

"An act to amend Section 7668 of the Code of Tennessee, 1932, the same being 'An Act to revise and codify the general and public Statutes of the State of Tennessee,' which section prescribes the effect of unrecorded instruments entitled to registration under the laws of the State of Tennessee, upon the rights of creditors and purchasers from the maker, so as to protect the interests of innocent purchasers for a present valuable consideration from persons who would, but for said unrecorded instrument, succeed in law to the title of the maker.

"Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 7668 of the Code of Tennessee for the year 1932 be amended by adding thereto immediately following the present wording of said section, the following to wit:

"Any such instrument entitled to registration which is not duly registered prior to the expiration of ninety days following the death of the maker of any such instrument, shall be null and void as to innocent purchasers for a present valuable consideration from such person or persons as would succeed to the rights of the decedent to such property in respect to which said unrecorded instrument was executed, but for the execution of said instrument by the decedent; provided, however, the holder or any person entitled to the benefit of any such unrecorded instrument shall have a right of action against any such transferers for the reasonable value of any such property transferred to the extent of the interest of the holder therein if brought within one year of the recording of the instrument made by such transferers, (if the instrument by which said transfer is made is required to be recorded for the protection of the purchaser under the laws of Tennessee) otherwise said action shall be brought within one year from the consummation of such sale or transfer.

"Section 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

"Approved March 5, 1937."

This act was passed some seven years after the deed under which complainant's claim was executed by George T. Hood, and some three years...