Kenniff

This is an action to quiet title, in which judgment was rendered for plaintiff. Defendant moved for a new trial, which was denied, and from the order denying said motion, and from the judgment he appeals.

The court found that on the 26th of November, 1894, one Mary Glynn was the owner of the premises in controversy,, and on that day, in consideration of five dollars, executed and delivered to the plaintiff, a grant, bargain, and sale deed of them; that said deed was never recorded; that it was lost or destroyed, and that plaintiff had made due and diligent search and inquiry, but unsuccessfully, to find it; that on the seventh day of January, 1899, said Mary Glynn, in consideration of the sum of ten dollars and other good and valuable considerations, conveyed the said premises to the defendant by a grant, bargain, and sale deed, which was thereafter duly recorded; that defendant, before the date when he took his said conveyance, had sufficient notice of the prior unrecorded deed to the plaintiff, to put him upon inquiry concerning it, and that he made no effort, or inquiry whatever of any person, to ascertain whether or not said Mary Glynn had parted with the title to said…