Luke v. Smith, 227 U.S. 379 (1913)

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Luke v. Smith

No. 150

Argued January 27, 1913
Decided February 24, 1913
227 U.S. 379

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

Syllabus

The Supreme Court of the Territory of Arizona having, in construing the recording statute, followed the decisions of the courts of Texas from whose laws the statute was copied, and held that one buying with notice that the holder of the legal title held it in trust for others took with notice notwithstanding the act, this Court sees no reason for not following the general rule that it will follow the construction given by the local court to a local statute.

Service of the complaint in an action brought to establish an equitable lien on property superior to the rights of all parties defendant is notice to a defendant having knowledge of the suit.

13 Ariz. 155 affirmed.

The facts, which involve the construction of the recording act of Arizona and what constitutes notice of lien to a purchaser of real estate, are stated in the opinion.