Anthony v. Beal
Supreme Court of Missouri
Appeal from, Audram Circuit Court. — Hon. E. M. Hughes, Judge. (1) Aside from provisions of statute, the general rule is that a quitclaim deed simply transfers whatever interest the grantor may then have, and is subject to a prior deed of the same grantor, although the grantee had neither actual or constructive notice of such prior ■deed.
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Appeal from, Audram Circuit Court. — Hon. E. M. Hughes, Judge. (1) Aside from provisions of statute, the general rule is that a quitclaim deed simply transfers whatever interest the grantor may then have, and is subject to a prior deed of the same grantor, although the grantee had neither actual or constructive notice of such prior ■deed. Sharp v. Cheatham, 88 Mo. 498; Munson v. JEnsor, 94 Mo. 509. (2) The rule is modified by •statute so that the prior unrecorded deed is invalid •except as between the parties thereto, and those having actual notice thereof. Revised Statutes, 1879, sec. 693.…
1Opinion of the CourtBrace, J.
This is a proceeding commenced in the Audrain circuit court on the fourteenth of November, 1888, under the provisions of article 4, chapter 58, Revised Statutes, 1879.
It appears from the record that notice of the filing of the petition was duly published as required by section 3455 of said act, and a copy of such notice served on H. E. Woodward,. W. H. Beal, J. W. Reed, B. E. McNama and Abraham Whisner, two of whom, viz.: W. H. Beal and J. W. Reed, appeared at the January term, 1889, of said court and filed a demurrer to the petition, which being overruled, they afterwards on the…
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