— Stephens J.
By the Court.
delivering the opinion.
We had no difficulty in reversing the judgment in this case, upon the ground, that the Court erred in charging the jury, that if Russell bought the negro from ^Sterling Elder, without notice of the previous deed of gift from Sterling to William Elder, then the purchase by Russell took precedence of the gift; for there is no evidence to authorize such a charge. There is no evidence that Russell bought the negro from Sterling Elder at all; and then the deed of gift was recorded within twelve months after it was made— a fact which by statute, see Cobb’s Digest, page 176, is, I think, made equivalent to actual notice. As this case was hastily argued, at the close of the Term, without a careful analysis of its numerous facts, we determined to confine our judgment in it to the point above stated.
Judgment reversed.