Rich v. Downs

Citations

• 81 Kan. 43
• 105 P. 9
• 1909 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deeds —• Warranty — Quitclaim—Record—Priority. A purchaser of real estate by warranty deed whose grantor holds by quitclaim deed only will be regarded as a purchaser in good faith notwithstanding such quitclaim deed, if his grantor’s title as shown by the registry record is apparently valid and clear and he has no notice of any defect in the title.</p> <p>2. - Same. The owner of real estate conveyed it by warranty deed. The purchaser did not place the conveyance upon record for twelve years. While such deed was withheld from record, the same grantor was induced to execute a quitclaim deed to the land as an accommodation to a person who represented that such a conveyance was necessary to remove a cloud from the title. The grantee in such quitclaim deed placed it upon record and conveyed the land by warranty deed to a purchaser who paid an adequate consideration therefor and did not have notice of any defect in the title or of the transaction in which his grantor obtained the quitclaim deed. Held, that the holder of the last-named warranty deed obtained a good title to the land, and his warranty deed would convey a good title to his grantee.</p>