Harper v. Paradise case brief summary
210 S.E.2d 710 (1974)
CASE FACTS
The remaindermen challenged the trial court's judgment that entered a directed verdict on the basis that the successors had superior title to contested land. The successors claimed uninterrupted title from an intervening mortgagee who purchased the property at a sheriff's sale following the foreclosure of a deed given by a life tenant to secure a defaulted loan.
DISCUSSION
CONCLUSION
The court reversed and found that the security deed contained recitals that should have put the successors on notice of the existence of a misplaced or lost prior unrecorded deed.
Suggested law school study materials




Shop Amazon for the best prices on Law School Course Materials
.
210 S.E.2d 710 (1974)
CASE SYNOPSIS
Appellant remaindermen sought review of
a judgment of the Oglethorpe Superior Court (Georgia) that granted a
directed verdict in favor of appellee successors, whom the trial
court determined held a superior title to the land claimed by the
remaindermen.CASE FACTS
The remaindermen challenged the trial court's judgment that entered a directed verdict on the basis that the successors had superior title to contested land. The successors claimed uninterrupted title from an intervening mortgagee who purchased the property at a sheriff's sale following the foreclosure of a deed given by a life tenant to secure a defaulted loan.
DISCUSSION
- The court noted that prior to the execution of the security deed, the life tenant obtained a prior deed to her for life with remainder in fee simple to her named children, and a subsequent quit claim deed from all but one of the then living heirs of the original grantor.
- The remaindermen claimed the land under the original deed that delivered to the life tenant but was lost or misplaced and was not recorded until 35 years later.
- The court noted that the successors traced their title to the security deed, but did not trace their title back to the original deed granted in 1921.
- The court reversed and held that the purchaser of land from a life tenant could only obtain her interest in the land.
- The court held that recitals contained in the quit claim deed indicated the existence of a misplaced or lost prior unrecorded deed.
CONCLUSION
The court reversed and found that the security deed contained recitals that should have put the successors on notice of the existence of a misplaced or lost prior unrecorded deed.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials
No comments:
Post a Comment