Scott v. Reed
Supreme Court of Minnesota
The allegations of the complaint in this action are substantially as follows, viz.: On November 1, 1879, one Samuel S. Small was the owner of a certain lot in Minneapolis, and conveyed it by warranty deed, his wife joining therein, to one S. J. Wooster, which warranty deed has never been recorded.
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The allegations of the complaint in this action are substantially as follows, viz.: On November 1, 1879, one Samuel S. Small was the owner of a certain lot in Minneapolis, and conveyed it by warranty deed, his wife joining therein, to one S. J. Wooster, which warranty deed has never been recorded. On the same day Wooster mortgaged the lot to plaintiff, who duly recorded his mortgage, and afterwards the mortgage was duly foreclosed by advertisement, plaintiff becoming the purchaser at the foreclosure sale, which took place March 6,1882. The time to redeem from the foreclosure expired without…
1Opinion of the Court
Mitchell, J.1
If one take or procure a conveyance of property, knowing at the time that the title is in another, though unrecorded, derived from the party with whom he treats, it is a fraud in him to take advantage of the want of registry to defeat the outstanding title by taking a conveyance to himself or to a third party. And if he subsequently conveys the property, or causes it to be conveyed, to an innocent purchaser for value whose conveyance is protected by registration, he will be liable in damages for the value of the property to the grantee in the unrecorded deed, because by such…
2Cases cited1 opinion
- Robinson v. BoydMichigan Supreme Court · 1868
3Cited by6 opinions
- Prickett v. MuckWisconsin Supreme Court · 1889
- Smith v. GloverSupreme Court of Minnesota · 1890
- Wellington v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1913
- Larson v. LarsonSupreme Court of Minnesota · 1916
- D. H. Evans Co. v. NicholsSupreme Court of Minnesota · 1931
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