PROPERTY IN GENERAL
55-902. Grantee must be privy to fraud. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.
[(55-902) 1863, p. 540, sec. 2; R.S., sec. 3016; reen. R.C. & C.L., sec. 3165; C.S., sec. 5429; I.C.A., sec. 54-902.]