Johnson v. Abbe

Citations

• 105 Kan. 658
• 185 P. 738
• 1919 Kan. LEXIS 149

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Conveyance — Purchaser Charged with Notice of Encumbrances Suggested by Recitals in his Deed. A purchaser of property on which there were three mortgages, one for $2,700, another for $1,502.50, both of which were of record; and also an unrecorded mortgage for $600.00 which was placed on record after the purchase, but before the transfer was completed, accepted a deed of conveyance which contained a recital:</p> <p>“Made subject to a mortgage of $4,800.00, which is now a lien upon the above land, which the grantee agrees to assume and pay with interest at six per cent from date, as a part of the purchase price.” '</p> <p>He had no actual knowledge of the unrecorded mortgage when the purchase was made; nor any notice except such as is afforded by the foregoing recital. Held, that the recital as to encumbrance on the property was such as to require him to inquire as to the liens that made up the' recited encumbrance, and if the inquiry had been pursued with reasonable diligence, he would have learned of the $600 mortgage and is chargeable with notice of it.</p>