158 Wis. 323 | Wis. | 1914
In this action of ejectment tried before tbe court without a jury both parties claimed title to “tbe west 164* acres off from tbe east 30 acres of tbe northeast quarter of tbe northeast quarter of section 33, township 15 north, of range 18 east,” under Ella Maxfield, born Maybew, who held tbe record title. Having such title on April T, 1885,
The judgment of the circuit court settles all controverted questions of fact fairly supported by evidence in favor of the defendants. Under our statute, sec. 2207, a quitclaim deed has the force and effect’of a deed of bargain and sale, and it entitles the grantee, statutory requisites existing, to protection under the recording act. Cutler v. James, 64 Wis. 173, 24 N. W. 874. So we pass the question raised by inference from the amount paid, because that amount was
It is claimed J. H. McCrory was chargeable with notice of the outstanding unrecorded title in Mr. Olmsted, the ■plaintiff’s grantor, because Mrs. Mayhew, mother .of his vendor and mother-in-law of Mr. Olmsted, was then in.possession of the land. Certain dicta in Pippin v. Richards, 146 Wis. 69, 130 N. W. 872; Wickes v. Lake, 25 Wis. 71; Mateskey v. Feldman, 75 Wis. 103, 43 N. W. 733; Rindskopf v. Myers, 87 Wis. 80, 57 N. W. 967; and Schwalbach v. C., M. & St. P. R. Co. 73 Wis. 137, 40 N. W. 579, are brought to our attention, and relied upon. There is, however, no evidence that Mrs. Mayhew, who was in possession, was holding under, or that her possession was in any way connected with, the unrecorded deed of Mr. Olmsted, nor is there any evidence that she knew of this outstanding unrecorded title. It is contended that her possession must be presumed to have been under the elder but unrecorded title' instead of under the recorded and apparent legal title, hence' it must be presumed that inquiry by J. H. McCrory of Mrs. Mayhew would have disclosed the title of Mr. Olmsted. There is no doubt that possession of land is notice of the title or interest of the possessor and of those under whom the possessor claims.
In Cutler v. James, 64 Wis. 173, 24 N. W. 874, it was held that where it was shown that the' defendant purchased for a valuable consideration and had his deed on record first, and where there was no direct evidence that he did not know or did not have information of the existence of the unrecorded deed, but all inferences from the facts and circumstances in
. It follows that actual notice and knowledge having been negatived by tbe judgment, which on this point has support in tbe evidence, and tbe plaintiff, upon whom tbe burden of proof rested, having failed to show any connection between
By the Court. — Judgment affirmed.