Desteiguer v. Martin
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Our registry act provides that no instrument in writing, which the law required to be acknowledged and recorded, shall be valid except between the parties thereto and such as have actual notice thereof, until the same shall be deposited with the recorder for record. R. S. 1899, sec.’ 925. (2) Innocent purchaser for value by quitclaim deed acquires title as against prior unrecorded conveyances.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Our registry act provides that no instrument in writing, which the law required to be acknowledged and recorded, shall be valid except between the parties thereto and such as have actual notice thereof, until the same shall be deposited with the recorder for record. R. S. 1899, sec.’ 925. (2) Innocent purchaser for value by quitclaim deed acquires title as against prior unrecorded conveyances. Hickman v. Green, 123 Mo. 165; Eoff v. Irvine, 108 Mo. 378. (3) Possessions under an unrecorded deed, to operate as implied notice,…
1Opinion of the CourtRobinson, J.
Suit in ejectment for forty acres of land in Caldwell county, in this State. The evidence shows a complete title of record in plaintiff. Defendant’s claim to the land is through an unrecorded deed to his wife, from one of the grantors in the chain of plaintiff’s title, antedating plaintiff’s deed, with the further claim that he has been in the continued possession of the land, either in person or by tenant, from the date of the deed to his wife up to the institution of this suit.
By the testimony the land in suit was shown to have been part of a six-hundred-acre tract formerly owned as one…
2Cited by4 opinions
- Jones v. NicholsSupreme Court of Missouri · 1919
- Squires v. KimballSupreme Court of Missouri · 1907
- Gibson v. Bailey Co.Missouri Court of Appeals · 1905
- Chicago Lumber & Coal Co. v. Georgia Southern & Florida Railway Co.Missouri Court of Appeals · 1905