136 N.W. 1095 (1912)
Defendant bought a city lot in May 1906. Defendant did not fill in the grantee's name on the deed until shortly before it was recorded on December 16, 1910. In April 1909, real estate dealers paid the same grantor for a quitclaim deed to the same lot. They did not record their deed until December 21, 1910. However, they delivered a warranty deed to plaintiff, who recorded that deed in January 1910. The trial court ruled in plaintiff's favor in its action to determine the adverse claims.
- On appeal, the court reversed and remanded for a new trial.
- When he received the deed from the seller, defendant had implied authority to insert his name as grantee, in the absence of evidence showing the want of such authority.
- Defendant's deed then became operative.
- When defendant's deed was recorded, there was a record of a deed from the real estate dealers to plaintiff, but no record showing that the real estate dealers had any title to convey.
- This was not notice to defendant of the prior unrecorded conveyance by his grantor.
- He was a subsequent purchaser in good faith for a valuable consideration, and he was thus protected by the recording of his deed before the prior deed was recorded.
The court reversed a judgment in favor of plaintiff in an action against defendant to determine adverse claims to a city lot. The case was remanded for a new trial.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.