Eger v. Brown

Citations

• 77 Kan. 510
• 94 P. 803
• 1908 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quitclaim Deed — Purchaser in Good Faith. In order that a purchaser taking title by quitclaim deed may be a purchaser in good faith it is not necessary that he should catechise the vendor respecting the latter’s estate in the land when the vendor on the face of the record appears to have an interest or estate to convey.</p> <p>2. -Prior Unrecorded Deed Held Inferior to a Quitclaim Deed. The rule that if a purchaser by quitclaim deed act in good faith, pay a valuable consideration, and have no actual notice of outstanding equities or unrecorded instruments, he will take title subject only to .those rights which are discoverable through an investigation of the various public records and by the exercise of reasonable diligence in making proper examinations and inquiries applied, and the rights of a quitclaim deed holder held to be superior to those of a grantee under prior unrecorded conveyances.</p>