NOTICE. The information given of some act done, or the interpellation by which some act is required to be done. Knowl edge.
A statutory notice is not binding unless giyen as the l,aw directs or allows ; Allen y. Strickland, 100 N. C. 225, 6 S. E, 780; O'Fal Ion v. R. Co., 45 M. App. 572.
Actual notice exists when knowledge is actually brought home to the party to be affected by it. This statement criticised, as being too narrow, in Wade, Notice 4. This writer divides actual knowledge into two classes, express and implied ; the for mer includes all knowledge of a degree above that which depends upon collateral inference, or which imposes upon the party the further duty of inquiry ; the latter imputes knowledge to the party because he is shown to be conscious of having the means of knowledge, though he does not use them, choosing to remain ignorant of the fact, or is grossly negligent in not fol lowing up the inquiry which the known facts suggest; Wade, Notice 5. In Appeal of Craft, 42 Conn. 146, there is a division into "particular or explicit" and "general or im plied" notice. Information which.a prudent man believes to be true, and which if follow ed by inquiry must lead to knowledge, is equivalent to knowledge; Tucker v. Con stable, 16 Or. 407, 19 Pac. 13. Where the di rect issue of fraud is involved, knowledge may be imputed to one wilfully closing his eyes to information within his reach; Weck er v. Enameling Co., 204 U. S. 176, 27 Sup. Ct. 184, 51 L. Ed. 430, 9 Ann. Cas. 757.
Notice of any fact which is sufficient to put a purchaser of land on inquiry, is ade quate notice ; Rorer Iron Co. v. Trout, 83 Va. 397, 2 S. E. 713, 5 Am. St. Rep. 285 ; and of everything to which such inquiry may lead ; Shauer v. Alterton, 151 U. S. 607, 14 Sup. Ct. 442, 38 L. Ed. 286.
Constructive, notice exists when the party, by any circumstance whatever, is put upon inquiry (which is the same as implied no tice, supra), or when certain acts have been done which the party interested is pre sumed to have knowledge of on grounds of public policy ; Bates v. Norcross, 14 Pick.
(Mass.) 224; Pritchard v. Brown, 4 N. H.
397, 17.Am. Dee. 431; Scott v. Gallagher, 14 S. & R. (Pa.) 333, 16 Am. Dec. 508. The recording a deed; Wise v: Wlmer, 23 Mo. 237; Magoffin v. Mandeville, 28 Miss. 354; 4 Kent 182, n.; an advertisement in a news paper, when authorized by statute as a part of the process, public acts of government, and lis pendens (but see Lis PENDENS), con stitute constructive notice. Judge Story de fines the term as "knowledge" imputed by the court on presumption, too strong to be rebutted, that the information must have been communicated ; Story, Eq. Jur. § 399. "Constructive. notice is a legal inference of notice, of so high a nature, as to be conclu sive, unless disproved, and is in most cases insusceptible of explanation or rebuttal by evidence that the purchaser had no actual notice, and believed the vendor's title to be good ;" 2 Lead. Cas. Eq. 77. Constructive notice is sometimes called notice in law ; Sterry v. Arden, 1 Johns. Ch. (N. Y.) 261. Proof of notoriety of the fact in the neigh borhood of the party to be affected is com petent to prove notice ; Wright v. Stewart, 130 Fed. 905.• To establish notice by telephone, the par ty relying upon such notice has the burden of proving the identity of the person receiv ing the communication and that it reached the party sought to be charged; Second Pool Coal Co. v. Coal Co., 188 Fed. 892, 110 C. C. A. 526.
Proof that an envelope was mailed and received is not conclusive evidence that the notice was enclosed, and if its receipt is de nied, it is for the jury; Empire State Surety Co. v. Lumber Co., 200 Fed.'224, 118 C. C. A. 410.
The constructive notice given by the rec ord of a deed is sometimes called record no tice. Where an instrument affecting the ti tle to real estate is properly recorded, the record thereof is notice to subsequent pur chasers, etc., from the same grantor; Wade, Notice, 2d ed. § 97; Vaughan v. Greer, 38 Tex. 530; Mayo v. Cartwright, 30 Ark. 407; Randolph v. R. Co., 28 N. J. Eq. 49.