Property Law Keyed to Dukeminier
Messersmith v. Smith
The Plaintiffs owned the property in question. Ms. Messersmith, Mr. Messersmith’s aunt, by quitclaim deed conveyed to Mr. Messersmith her interest in the property in question in 1946. This deed was not recorded until 1951. During this period when the quitclaim deed was not recorded and Ms. Messersmith no longer had any interest to convey, she assigned to Smith a mineral deed concerning the same property. The Smith recorded the deed in 1951. However, this deed was not properly acknowledged. The Smith conveyed a portion of his interest to Seale, who recorded his deed. Plaintiffs filed suit to quiet title to the land. The trial court found for Seale and the Plaintiff appealed.
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