
    FAYETTE COUNTY,
    September Term, 1792.
    Richard Waller v. Jonathan Hill.
    THIS was an action of covenant. Waller had sold to Hill 600 acres of land in Washington county, to be paid for in whisky ; and for the failure of payment, this action was brought. Waller had bought this land from one Hawkins ; but had no title to more than 100 or 200 acres ; the title to all the lands round it being in other persons, and among others, in James Stephenson, to whom, by a conveyance duly recorded, the same Hawkins sold. Waller’s conveyance from Hawkins was not recorded.
    Woods, for the defendant.
    
      Waller’s conveyance from Hawkins, not being recorded, is void as against Stephenson’s conveyance from Hawkins.
    
    Bradford, for the plaintiff.
    The act of assembly, for recording deeds, extends only to legal titles. The title of Hawkins was only equitable, an improvement claim.
   President.

As improvement claims pass from one to another, for valuable considerations, the same inconvenience, and danger from frauds, would arise, from keeping such conveyances concealed, as from concealing Conveyances from strict titles.

If the land sold by Waller to Hill, was the same sold by Hawkins to Stephenson, and Stephenson had not notice of the previous sale to Waller ; Stephenson’s title was good, at the time of the sale to Hill; and, for so much, there was no consideration. But if not, and if Hill has got the land, or might have got it; he must pay for it, or for so much as he has got, or might have got.

There was a verdict for the defendant. The plaintiff had formerly recovered part of the price.  