Luthi v. Evans case brief summary
576 P.2d 1064 (1978)
The Appellant buyer had sought review of the
judgment of a Kansas court of appeals. The court reversed the
judgment of the district court, finding that the conveyance of land
that contained a "Mother Hubbard" description to appellee
assignee was valid against the buyer (a subsequent purchaser).
CASE FACTS The owner of gas and oil leases assigned her interest in these leases in a particular county to the assignee.
instrument of conveyance contained a "Mother Hubbard"
clause which described the land in question.
Later the owner sold
her interest in one of her wells in the same county to the buyer.
buyer filed suit to quiet title to the land.
The district court found
in favor of the buyer. The appellate court reversed the district court's ruling.
appealed and the court reversed the appellate court's holding.
The statutes had indicated that the
legislature had intended that recorded instruments of conveyance, in order to
impart constructive notice to a subsequent purchaser or mortgagee,
should describe the land being conveyed with sufficient specificity so that
the specific land conveyed could be identified.
The recording of the
assignment from the owner to the assignee, that did not describe
with sufficient specificity the property that was covered by the conveyance,
was found not to be sufficient to impart constructive notice to a subsequent
purchaser (such as the buyer).
Because the buyer did not have actual
knowledge of the prior assignment from the owner to the assignee, the
later assignment to the buyer prevailed over the owner's assignment to the assignee.
The court reversed the judgment of the appellate court. The court ruled in favor of the buyer in his suit to quiet
title to gas and oil leases. Suggested law school study materials
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