Penrose v. Cooper

Citations

• 86 Kan. 597
• 121 P. 1103
• 1912 Kan. LEXIS 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Ejectment—Res Judicata — Tax Deed. A decision is conclusive and binds the parties upon the facts as shown to exist when the case was tried. If upon a retrial a different state of facts is shown to exist the law declared in the former decision may have no application.</p> <p>2. - Same. A decision of the supreme court holding a tax deed valid on the ground that it was five years old is not conclusive or binding upon the parties where it is shown on a retrial of the action or in another action between the same parties that the deed was of record less than five years when it was attacked.</p> <p>3. Purchaser — Tenant in Possession — Title—Notice—Due Diligence. Although the possession of a tenant is the landlord’s possession, it is not of itself notice of the landlord’s title, but is sufficient notice to put a person about to deal with the title upon inquiry.</p> <p>4. --- Same. The law presumes that one who is about to deal with real estate has either made inquiry of the occupant’s right, or has been so negligent that he can not be regarded as a bona fide purchaser. This presumption, however, is a mere inference of fact which may be rebutted by proof that the purchaser made diligent inquiry and failed to discover the prior right.</p> <p>5. --— Same. Possession alone, if open, notorious, and exclusive, is sufficient notice unless the subsequent purchaser shows that he pursued the inquiry with proper diligence and failed to obtain knowledge of the unrecorded instrument or of the right of the parties claiming under it.</p> <p>6. - Same. The plaintiff, who occupied the relation of a purchaser without actual knowledge of an unrecorded deed, inquired of the tenant and learned the name of the agent to whom the tenant paid rent. Relying upon his knowledge of the fact that the same person had been, until a short time before that, managing the property as agent for the record owner of the title, he failed to make any inquiry of the a