Western Grocer Co. v. Alleman

Citations

• 81 Kan. 543
• 106 P. 460
• 1910 Kan. LEXIS 390

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deeds — Failure to Record — Innocent Purchaser — Consideration. The grantee of a deed from one who has no title to the tract described, but who appears by the- record to be its owner because a deed previously executed has not been recorded, is not entitled to the benefit of the recording act as an innocent purchaser, where the only consideration for the conveyance to him is the discharge of an antecedent indebtedness.</p> <p>2. -Same. The application of this rule is not prevented by the fact that the grantee surrenders a past due, unsecured note to its maker, where such maker is a party to an action in which the deed is held to pass no title.</p> <p>3. Evidence — Review—Attachment—Dissolution. The evidence, . being wholly in writing, examined and held to require the denial of two motions — one to dissolve an attachment, and the other to release property from its operation.</p>