Mabie-Lowrey Hardware Co. v. Ross

Citations

• 26 N.M. 51
• 189 P. 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where plaintiff and defendant both derive their titles from the same grantor, plaintiff’s title through an unrecorded deed to a third person and then to plaintiff, and the defendant’s title through a recorded quitclaim deed direct to him, and where the defendant purchased in good faith, for value, and had no knowledge of the outstanding- unrecorded deed of his grantor to plaintiff’s grantor, defendant has the better title, and is protected by the recording act. P. 53</p> <p>2. The grantee under a quitclaim deed, who is a purchaser in good faith, for value, without knowledge of the existence of an unrecorded deed from his grantor, is entitled to the benefit of the recording act; that is section 4788, Code 1915. P. 53</p>