Sirls v. Jordan

McDONALD, Judge:

This appeal presents the question of whether a bona fide purchaser of real property from some of the heirs of the former owner takes subject to the interest of an undisclosed heir. The trial court granted a summary judgment for the heir and held that her interest had not been defeated.

When heirs to intestate real property want to convey it, K.R.S. 382.120 requires that they file an affidavit of descent before recording their deed. In this case, Eukley McNeely died intestate on November 28, 1977, owning 50 acres of real property in Marshall County. On April 17, 1978, his…