In 1945, Dillard conveyed to Jefferson County (plaintiff) a right of way across his property but the country did not record its deed. A substantial portion of the easement overlapped already-existing Alton-Weems Road, which traversed Dillard’s property. In 1951 Dillard sold the property to Mosley (defendant) through a warranty deed, excepting “all public roads, or easements and rights of way” over the property. In 1952, Jefferson County recorded its deed for the right of way. Mosley then sold portions of the property to Peoples and to the Selfs (defendants). The Circuit Court of Jefferson County held that Mosley did not have actual or constructive notice of the county’s easement. Jefferson County appealed.