McManus v. Commow
North Dakota Supreme Court
Appeal from District Court, Rolette County; Morgan, J. Action by James McManus against Suzanne Common and others. Judgment for plaintiff. Defendant Suzanne Common appeals. Under our recording law, to entitle a person holding under a second deed to. priorities against the prior deed, the holder of such second deed must get his deed on record before the first deed is recorded, § 3594, Rev Codes.
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Appeal from District Court, Rolette County; Morgan, J. Action by James McManus against Suzanne Common and others. Judgment for plaintiff. Defendant Suzanne Common appeals. Under our recording law, to entitle a person holding under a second deed to. priorities against the prior deed, the holder of such second deed must get his deed on record before the first deed is recorded, § 3594, Rev Codes. No matter how innocent the second purchaser may be, and notwithstanding he pays full value for the property, he cannot assail the unrecorded deed .as void if the unrecorded deed is in fact put on record…
1Opinion of the Court
Fisk, District Judge.
This is an action to quiet title to certain real property described in the complaint. The plaintiff alleges, in substance, that he is the owner in fee and in possession of the real property in question; that in December, 1892, John Commow sold and conveyed, by deed, said land to one W. W. Allen, and subsequently informed plaintiff of such sale, and that thereafter the plaintiff, relying on the representations so made by Commow, purchased the land from Allen, receiving from him a warranty deed, together with the possession of said land, which possession he has ever since…
2Cases cited7 opinions
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Simpson & Co. v. DallSupreme Court of the United States · 1866
- Kelsey v. HanmerSupreme Court of Connecticut · 1847
- Loftin v. . LoftinSupreme Court of North Carolina · 1887
- Maxfield v. SeaburySupreme Court of Minnesota · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
- State v. DennyNorth Dakota Supreme Court · 1908
- Estate of Papineau v. All Other Persons Unknown Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Property Described in the Petition or Against the Estate of SaidNorth Dakota Supreme Court · 1986
- Black v. Hunter BlackNorth Dakota Supreme Court · 1929
- Druey v. BaldwinNorth Dakota Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.