Property Law Keyed to Dukeminier
Board of Education of Minneapolis v. Hughes
Facts
The Hoergers first owned the property in question. In 1906, the Defendant was the first to approach the Hoergers about purchasing the property. The Defendant sent a check for the price of land to the Hoergers along with a deed to be signed by them with the name of the grantee left blank. Later that same year, the Hoergers signed the deed without filling in the grantee space on the deed and sent it back to the Defendant via mail. Defendant recorded the deed years later on December 16, 1910. However, prior to the Defendant’s recording in 1909, real estate brokers approached the Hoergers and obtained a warranty deed to the same land as Defendant and recorded their interest on December 21, 1910. Plaintiffs obtained title from the real estate brokers and recorded on January 10, 1910. Plaintiffs filed suit and the trial court found for the Plaintiff. Defendant appealed.
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