Victor Land Co. v. Drake
Oregon Supreme Court
From Multnomah: ROBERT G. MORROW, Judge. Statement by Mr. Justice Burnett. This is a suit by the Victor Land Company, a corporation, against Charles Emmett Drake. The complaint is in the usual form for determining an adverse claim to real property not in the actual possession of any other person than the plaintiff.
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From Multnomah: ROBERT G. MORROW, Judge. Statement by Mr. Justice Burnett. This is a suit by the Victor Land Company, a corporation, against Charles Emmett Drake. The complaint is in the usual form for determining an adverse claim to real property not in the actual possession of any other person than the plaintiff. The defendant, by his answer, denies all right of the plaintiff in the property, alleges title in himself by virtue of a tax sale of the premises as against W. J. Carter, the common grantor of the parties, and also sets up title by virtue of a conveyance direct from Carter to…
1Opinion of the CourtJustice Burnett
• It being conceded by the pleadings that the defendant’s deed from Carter was not recorded until the day after the recording of plaintiff’s deed from the same grantor, the case hinges upon the question of whether or not the plaintiff had actual notice of the former deed from Carter to the defendant. Although its deed was first recorded, yet, if the plaintiff had actual notice of *212the prior conveyance from the common grantor to the defendant, the deed from Carter to the Victor Land Company would convey no title. Musgrove v. Bonser, 5 Or. 313 (20 Am. Rep. 737). The.doctrine of this case has…
2Cases cited5 opinions
- Musgrove v. BonserOregon Supreme Court · 1874
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
- Jennings v. KiernanOregon Supreme Court · 1898
- Manaudas v. MannOregon Supreme Court · 1887
- Williams v. First National BankOregon Supreme Court · 1906
3Cited by1 opinion
- Robinson v. ScottOregon Supreme Court · 1916