Parker v. Randolph
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for defendant Lane, and plaintiff appeals. The facts are stated in the opinion. A purchaser by quitclaim deed is not bona fide and takes only the actual interest his grantor had at the time of the conveyance.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for defendant Lane, and plaintiff appeals. The facts are stated in the opinion. A purchaser by quitclaim deed is not bona fide and takes only the actual interest his grantor had at the time of the conveyance. Steele v. Sioux, 79 la. 339; Springer v. Bartle,- 46 la. 690; Gress v. Evans, 1 Dak. 387; Postel v. Palmer, 71 la. 157; Peters v. Carter, 80 Mich. 124; Eaton v. Trowbridge, 38 Mich. 454; Gesh v. Packwood, 34 Fed. 372; Woodward v. Jewell, 25 Fed. 691; Peaks v. Blethen,…
1DissentCorson, P. J.
(Dissenting.) I am unable to concur with my associates in the reversal of the judgment in this case', placed, as I understand the opinion, mainly upon the ground that the defendant Lane acquired his title to the property through a “quitclaim deed,’’ -and therefore had constructive notice of the equities of Parker in the property. Judge Fuller, in the majority opinion says: “Defendant Lane examined the abstract before he purchased the property, and *558observed that all prior conveyances were of quitclaim deeds, and took a quitclaim deed from Poe to himself; and the record was therefore sufficient…
2Cases cited9 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Frey v. CliffordCalifornia Supreme Court · 1872
- Fox v. HallSupreme Court of Missouri · 1881
- Chapman v. SimsMississippi Supreme Court · 1876
- Graff v. MiddletonCalifornia Supreme Court · 1872
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