Penrose v. Cooper

Citations

• 88 Kan. 210
• 128 P. 362

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>Purchaser-—Notice—Unrecorded Deed—Due Diligence. Before filing an action in ejectment plaintiff, without actual notice of an unrecorded deed, inquired of the tenant on the premises and learned the name of the person to whom the tenant paid rent. Relying upon his knowledge that the same person had acted as the attorney for the record title-holder and had been until a few days before renting the premises as agent for the record owner, he made no further inquiry. It did not appear that further inquiry of the tenant would have disclosed the existence of the unrecorded deed or the claim of the grantee therein. Upon these uncontroverted facts - it became a question of law whether he exercised due diligence; and upon the facts as stated it is held that he was not bound to make further inquiry.</p>