Bagley v. Fletcher
Supreme Court of Arkansas
APPEAL from Saline Circuit Court in Chancery. Hon. J. M. Smith, Circuit Judge, A purchaser by quit-claim deed is not entitled to protection as an innocent purchaser for value without notice; he takes only what the vendor can lawfully convey. (3 How., 333; T3 Wall., 8®3; 34 Texas, 44P H Minn., 405.) Fletcher’s deed was a mere release, and the Rowlands had nothing to release.
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APPEAL from Saline Circuit Court in Chancery. Hon. J. M. Smith, Circuit Judge, A purchaser by quit-claim deed is not entitled to protection as an innocent purchaser for value without notice; he takes only what the vendor can lawfully convey. (3 How., 333; T3 Wall., 8®3; 34 Texas, 44P H Minn., 405.) Fletcher’s deed was a mere release, and the Rowlands had nothing to release. Appellee purchased with full notice of appellant’s title, actual notice, and it matters not whether his deed was recorded or not. The deed was good whether ■acknowledged at all or not, as under our laws married women can…
1Opinion of the CourtSmith, J.
Bagley filed this bill to quiet his title to a quarter section of land which he had acquired by purchase from Mrs. Rowland and her husband. The deed to Bagley is in the form of a bargain and sale, containing no covenants, however, except that the grantor was the owner of the land by virtue of a donation deed to her, as a married woman, by the State, and that she had never alienated or incumbered it. The bill stated that about eighteen months after the plaintiff had procured his title, the Rowlands, husband and wife, had conveyed the land by quit-claim to the defendant. And this was the cloud…
2Cases cited9 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- The AnneSupreme Court of the United States · 1818
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Moore v. SharpeSupreme Court of Arkansas · 1909
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- Johnson v. SimpsonSupreme Court of Oklahoma · 1914
14 more not listed; retrieve them via the Exa API.