Bacon v. Lederbrand

Citations

• 98 Kan. 631
• 160 P. 1029
• 1916 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Vendor and Purchaser — Mortgage—Recitals in Recorded Deed — Constructive Notice. A purchaser of real property, the recorded deed to whose grantor contains the following: “Same to be free and clear of all encumbrance except ... a second mortgage of Seventeen Hundred and Fifty Dollars ($1750) due Jan. 1st, 1914, which said second party assumes and agre.es to pay,” is not an innocent purchaser against such mortgage, although at the time of the conveyance to him the mortgage is not recorded and he has no actual notice thereof.</p>