Dundee Realty Co. v. Leavitt

The plaintiff and defendant both derive their claims to the real estate in question through one Miles Moore; the plaintiff through an unrecorded contract of purchase and alleged possession and improvement of the property, and the defendant through a warranty deed duly recorded. The'defendant claims to be an innocent purchaser without notice of plaintiff’s rights. The trial court found against him, and lie has appealed.

1. The first question requiring consideration relates to the burden of proof in such cases. Many courts have held that when one party produces a warranty deed, which recites…