Gray v. Zellmer
Supreme Court of Kansas
Error from Norton district court; A. C. T. Geiger, judge. STATEMENT. The defendant in error Koch purchased a quarter-section of land, agreeing to pay $560 therefor. Of this he paid $60 cash and the owner mortgaged the land for $500 and thus obtained the balance. With Koch’s consent the land was then conveyed to Zellmer, who was to hold the legal title until Koch should pay off this mortgage.
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Error from Norton district court; A. C. T. Geiger, judge. STATEMENT. The defendant in error Koch purchased a quarter-section of land, agreeing to pay $560 therefor. Of this he paid $60 cash and the owner mortgaged the land for $500 and thus obtained the balance. With Koch’s consent the land was then conveyed to Zellmer, who was to hold the legal title until Koch should pay off this mortgage. This, it seems, was done with the thought that the seller would thereby be the better protected against the note for $500 which he had executed. Koch took possession under this sale and has held open and…
1Opinion of the Court
The opinion of the' court was delivered by
Cunningham, J.:
Koch's possession of this land, being open and notorious, was notice to all the world of his rights therein and claim thereto. One seeking to be informed as to the title of real estate cannot safely limit his investigations to what is shown in the records of the county in which the land is situated. He must also inquire about, and take notice oh, the rights of those who are in open and notorious possession of such real estate. It is a general rule that such possession is constructive notice to all the world of the rights of the one in…
2Cases cited7 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Campbell v. Foster Home Ass'nSupreme Court of Pennsylvania · 1894
- Moore v. ReavesSupreme Court of Kansas · 1875
- Howland v. . WoodruffNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Board of County Commissioners v. BrownSupreme Court of Kansas · 1958
- Taylor Investment Co. v. Kansas City Power & Light Co.Supreme Court of Kansas · 1958
- Criss v. Folger Drilling Co.Supreme Court of Kansas · 1965
- Wichita Federal Savings & Loan Ass'n v. JonesSupreme Court of Kansas · 1942
- Newcomer v. SibonSupreme Court of Kansas · 1925
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