18 Minn. 405 | Minn. | 1872
By the Court.
For the purpose of determining
1st. That on the 12th day of May, 1860, Louis Roberts was the owner of lot four, in block four, of the town of St. Paul, according to the recorded plat thereof.
2d. That on said 12th day of May said Roberts, together with his wife, executed and delivered to the plaintiff, Joseph M. Marshall, a quit-claim deed of all their right, title, interest, claim, and demand, in and to said lot, which deed through inadvertence on plaintiff’s part has never been recorded.
3d. That on the 2d day of August, 1865, said Roberts (well knowing his deed to Marshall, and Marshall’s inadvertent omission to have the same recorded) for a valuable consideration, executed and delivered (his wife joining) to Uri L. Lamprey a quit-claim deed of all their right, title, interest, claim and demand in and to said lot, which deed was duly recorded August 3d, 1865, the said Lamprey at the time of said conveyance to him, and at the time of paying the consideration therefor, having no notice of the aforesaid conveyance to the plaintiff.
4th. That on the 22d day of May, 1867, said Lamprey and wife, for a valuable consideration, executed and delivered to William J. Cutler a warranty deed of said lot, which was duly recorded on the 29th day of May, 1867, the said Cutler at the time of such conveyance to him, and at the time of paying the consideration therefor, having no notice of said conveyance to the plaintiff, and having purchased in good faith.
Plaintiff’s claim is, that by reason of defendant’s deed to Lamprey, and the recording thereof, he (plaintiff) has lost his title to the lot in question, and has therefore suffered damage
If the deed from Roberts to plaintiff conveyed nothing to plaintiff, the subsequent deed to Lamprey can have taken nothing away. from him, or, in other words, it cannot have damaged the plaintiff.
If on the other hand, as would appear from the facts before assumed, the deed from Roberts to plaintiff conveyed a'good title to the lot in question, or any right, title, interest, claim, oif demand in or to it, then, neither such good title, nor any such right, title, interest, claim or demand, could be taken away or impaired by the subsequent conveyance to Lamprey. For the deed to Lamprey is a quit-claim deed in eommou form, the effect of which, under our statute, is to pass such estate as the grantor could lawfully convey by the ordinary deed of bargain and sale. In Martin vs. Brown, 4 Minn. 291, it is held that the legislature by the words “ lawfully convey,” intend to limit the estate conveyed by a quit-claim deed, to such as the grantor has a legal right to convey, and that as he may not lawfully convey land which he has already conveyed to another, nothing passes by such deed beyond the grantor’s actual interest at the time of the conveyance. And in Hope vs. Stone, 10 Minn. 152, where there was a conveyance (by warranty deed) of all the right, title, interest, &c., &c., of the grantqr in and to certain land, it was held that nothing passed to the grantees by the conveyance which the grantor had previously conveyed to the other parties. (See also cases there cited.) In Everest vs. Ferris, 16 Minn. 26, the rule thus laid down in Martin vs. Brown, is reiterated; and independently ( so far as appears ) of any statute, it is held in May vs. Le Claire, 11 Wallace 232, that a party who has acquired his title by a quit-claim deed cannot be regarded as a bona fide purchaser without notice, and that such conveyance passes the title as
These considerations, as it seems to us, dispose of this case and prevent us from reaching the questions mainly discussed by plaintiff’s counsel.
The judgment entered below dismissing the action is affirmed.