...defeasible by force of a deed defeasance bond, or other instrument for that purpose, the original conveyance is not defeated or affected as against any person other than the maker of the defeasance or his heirs or devisees, or persons having actual notice, un- ' less the defeasance...

...contentions is sound under the terms of our statute or the established rules of equity. Section 32(52, Id., provides, "When a grant of real property purports...acknowledged shall have been recorded In the office of the register of deeds of the county where the property is situated." Applying the opposite of this rule,...

...rulings were made because of the statute (section 3, c. 119, Gen. St. 1897), which reads: "When a deed of real property purports to be an absolute conveyance, but is intended to be defeasible upon the performance of certain conditions, such deed shall not be defeated or affected as against...

...Purcell's Adm'rv Mather, 35 Ala. 570, 76 Am. Section 3816. Absolute Grant, Intended to be Defeasible: When a grant of real property purports to be an absolute...instrument of defeasance, duly executed and acknowledged, is recorded in the office of the county recorder of the county where the property is situated. 1887...

...contrary notwithstanding: Foster v. Bowles, 138 Cal. 346, 71 Pac. 494. sO Civil Code, section 2950: "When a grant of real property purports to be an absolute...certain conditions, such grant is not defeated or Effected as against any person other than the grantee, his heirs, or devisees, or persons having actual...

...contrarv notwithstanding: Foster v. Bowles, 138 Cal. 346, 7l'Pac. 494. 30 Civil Code, section 2950: "When a grant of real property purports to be an absolute conveyance, tut is intended to be defeasible on the performance of certain conditions, such grant is not defeated...

...defeasible. The result Is that the conveyance shall not be defeated or affected "as against any other person than the grantee or his heirs or devisees or persons having actual notice." Grantees, heirs, devisees, and persons having "actual notice" are In express terms excluded from the...

...cannot be sustained. It is based upon section 4730 of the Revised Codes of 1899, which reads as follows: "When a grant of real property purports to be an absolute...of certain conditions, such grant is not defeated as against any person other than the grantee or his heirs or devisees or persons having actual notice,...

...intended to be defeasible, "is not defeated or affected as against any other persoB than the grantee or persons having actual notice, unless an instrument...of defeasance duly executed and acknowledged shall hare beri recorded," the term "any other person" means any person othenvi>' entitled to the protection...

...stipulations to the contrary, the mortgagor of real property may retain the possession thereof. When a deed of real property purports to be an absolute conveyance,...defeasible on the performance of certain conditions, such deed is not defeated or affected as against any person other than the grantee or his heirs or devisees,...