Mabie-Lowrey Hardware Co. v. Ross
New Mexico Supreme Court
Appeal from District Court, Eddy County; Bichard-son, Judge. Suit to quiet title by the Mabie-Lowrey Hardware Company against Tom Boss and others. Judgment'for defendant Boss, and plaintiff appeals. Purcell v. Victor Power and Mining Co., (Cal.) 156 Pae. 1009, Key No. Vendor and Purchaser, 233; McBee v. O’Connell, 145 Pac. 123. A grantee in a quitclaim deed cannot be an innocent purchaser. Little Rock and Ft.
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Appeal from District Court, Eddy County; Bichard-son, Judge. Suit to quiet title by the Mabie-Lowrey Hardware Company against Tom Boss and others. Judgment'for defendant Boss, and plaintiff appeals. Purcell v. Victor Power and Mining Co., (Cal.) 156 Pae. 1009, Key No. Vendor and Purchaser, 233; McBee v. O’Connell, 145 Pac. 123. A grantee in a quitclaim deed cannot be an innocent purchaser. Little Rock and Ft. Smith R. R. Co. v. Rankin, (Ark.) 156 S. W. 431. A quitclaim deed gives no better title than the grantor had. Shelton v. Horrell, 134 S. W. 988. (M.) Where A conveys to B, who neglects…
1Opinion of the Court
OPINION OP THE COURT.
RAYNOLDS, J.
This is a suit to quiet title, brought ' by the Mabie-Lowrey Hardware Company against Tom Ross et al. From a judgment in defendant’s favor, the plaintiff appeals to this court.
Both parties claim title to the property in question through conveyances from one Dock Townsend: Plaintiff received its paper title by warranty deed from one Toole, to whom Townsend had conveyed. The deed from Townsend to Toole was not recorded until nearly two years after it was made. The deed from Todle to the plaintiff was promptly recorded. Subsequent to the time Townsend made his…
2Cases cited1 opinion
- Ames v. RobertNew Mexico Supreme Court · 1913
3Cited by11 opinions
- Taylor v. Hanchett Oil Co.New Mexico Supreme Court · 1933
- Alsos v. KendallOregon Supreme Court · 1924
- State Ex Rel. State Tax Commission v. GarciaNew Mexico Supreme Court · 1967
- Sawyer v. BartonNew Mexico Supreme Court · 1951
- Jones v. Rocky Cliff Coal Mining Co.New Mexico Supreme Court · 1921
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