Faris v. Finnup

Citations

• 84 Kan. 122
• 113 P. 407
• 1911 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice — Grantee in Conveyance of Beal Estate — Unrecorded Deed. Under the statute providing that no conveyance of real estate shall be valid, except as between the parties and as to those who have actual notice, until it is deposited for record (Gen. Stat. 1909, § 1672), actual notice may be. express when it consists of knowledge actually brought personally home, or it may be implied when it consists of knowledge of facts so informing that a reasonably cautious person would be led by them to the ultimate fact. In the latter case the known facts must be sufficiently specific to impose the duty to investigate further, and they must furnish a natural clue to the ultimate fact.</p> <p>2. - Duty of Grantee to Give Notice of His Bights — Bight of Purchaser Taking Warranty Deed. The statute referred to casts upon the grantee in a deed the duty of giving notice of his rights to subsequent purchasers. Such a purchaser may assume the nonexistence of any instrument which has not been made valid against him by filing it for record, and before a purchaser taking a warranty deed can be deprived of the benefit of this assumption information that a prior deed is in fact outstanding and unrecorded must be quite definite and specific.</p> <p>'3. -Same. Under the evidence in this case it is held that a purchaser taking title by warranty deed did not have actual notice of a prior unrecorded deed.</p>