McVean v. Coe

Plaintiff, O. R. McVean, commenced this action for specific performance of a lease-option agreement and for damages resulting from the breach of a hunting rights agreement. From a dismissal of his complaint, plaintiff appeals.

One basic issue is presented: Are the defendants Coe, and third-party defendants, Hooper, Risken and Farmer bona fide purchasers under their recorded executory real estate contracts of purchase, whose interests prevail over the plaintiff’s interest under his prior unrecorded lease-option and hunting rights agreements. We think not.

Mike Emerick, additional third-party…