Knapp v. Davidson

The facts in the case are almost wholly undisputed. The only finding of the court to which appellant • excepted was to the effect that when the contract was made and the first payment paid plaintiff had no knowledge or information that defendant had not title to the premises contracted to be sold.

The contract under which defendant claimed title had been duly recorded and showed that it ran to the defendant and his wife as vendees, and it also showed the reservation of the timber on about three acres if removed within two years. On the subject of notice there was the further testimony that the…