Oliver Wendell Holmes, Jr.

“ The statute of Arizona makes all conveyances of land and all deeds of trust and mortgages void, as against creditors and subsequent purchasers for value without notice, unless recorded, but leaves them valid as against purchasers with notice or without valuable consideration. ”

“ Hence, the only question is whether the complaint as originally filed gave notice of Smith's rights. It did not set forth the contract, but alleged it to have been made in writing, and alleged that it was agreed that the plaintiff should advance all the money necessary for the improvement of the land, and should be repaid all sums advanced by him for that purpose or for the purchase of the land, etc., with interest, from sales of the land. It prayed that the plaintiff be declared to have an equitable mortgage lien upon Rainey's interest, paramount to Lukes' title, whatever it might be. ”

“ At that hearing the land was decided to be partnership assets as between Smith and Rainey, and, as such, subject to a lien for repayment of advances made to the firm by Smith. The present appellants claim a right in Rainey's interest, paramount to Smith's, by virtue of an execution sale on a judgment against Rainey. The material facts are few. The title to the land by deed on record stood in Smith as to two undivided thirds, and in Rainey as to the other third. ”