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Property Law Keyed to Singer
Zurstrassen v. Stonier
Facts
Two Brothers Klaus and Rolf purchased two vacant lots in the Indian River County. Klaus is a German citizen and in September of 1997 he left his brother in charge of the lots. Later that September it appears a deed was recorded conveying Klaus’s interest in the land to Rolf. That October the brothers agreed to sell the lot and Klaus meet with a broker who discovered that Klaus no longer held an interest in the property. Klaus went to his brother who claimed he has no idea why and the brothers executed an agreement that Klaus owned half of the property but that title was in Rolf name alone, and it described how they would sell the property. In June of 1998 Rolf sold the property to Stonier by quitclaim deed. Then in August Stonier sold the property to Wihlborgs. Before Wihlborgs could record his deed, Klaus found out about the transaction and investigated the title. Upon finding that Rolf had forged the deed Klaus instituted a suit to quiet title and for rescission and recorded a lis pendins. Then Wihlborgs recorded his deed. Stonier and Wihlborgs then brought suit against Klaus.
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