Bourne v. LAY & COMPANY

This appeal poses two questions: (1) Is the plaintiffs’ subsequently acquired but prior recorded deed superior to the defendant’s lease? (2) Are the plaintiffs estopped from denying the validity of defendant’s lease by accepting rent in accordance with its terms for a period of two years and one month?

In our opinion, the first question must be answered in the affirmative and the second in the negative.

The Connor Act provides that “no conveyance of land, or contract to convey, or lease of land for more than three years shall be valid to pass any property, as against creditors or purchasers for…