Campbell v. Loftus

Kenneth P. and Eleanor S. Campbell appeal the summary dismissal of their cause of action based on the trial court's determination that the statute of limitation had run.

On February 14, 1967, Lawrence T. and Sharon W. Loftus conveyed a parcel of land in Stevens County to Kenneth P. and Eleanor S. Campbell by warranty deed. Mr. Loftus, an attorney in Kansas, held the property in behalf of another client.

On March 1, 1968, Mrs. Campbell attempted to record the warranty deed. The deed could not be recorded because Mr. and Mrs. Loftus had failed to provide the excise tax affidavit on real estate…