Smelsey v. Guarantee Finance Corp.

I am for reversal. Plaintiff was not a purchaser in good faith when he took the quitclaim deed of an undivided 1/4 interest in this property from Robert Hascall Moore who held a mere nakedrecord title but who had already conveyed his title to the defendants by an unrecorded quitclaim deed. The facts and circumstances disclosed to Ostrow, the agent or alter ego of plaintiff in the transaction, were such as to require that plaintiff make inquiry as to the title from the defendants known to be in possession of the property. Defendants had been continuously in possession of the premises since…