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Property Keyed to Sprankling
Messersmith v. Smith
Citation:
60 N.W.2d 276 (N.D. 1953)Facts
Caroline Messersmith and her nephew, Plaintiff Frederick Messersmith, were each owner of ½ interest in a land. On May 7, 1946, Caroline Messersmith executed a deed and delivered her interest to Frederick Messersmith, but the deed was not recorded until July 9, 1951. On May 7, 1951, Caroline Messersmith executed a deed to Herbert B. Smith, Jr. for 1/2 interest in and to all oil, gas and other minerals on the same land. Smith says this deed was acknowledged before a notary public at Miss Messersmith’s house, but Miss Messersmith denied it. On the same day, Smith discovered a slight error in the deed, so Smith returned to the home of Miss Messersmith, tore up the first deed, and prepared a second deed. According to Smith’s testimony, he took the second deed to the same notary public to whom Miss Messersmith had acknowledged the execution of the first deed, and the notary called Miss Messersmith for her acknowledgment over the telephone. The second deed was recorded on May 26, 1951. On May 9, 1951, Smith executed a mineral deed conveying to E. B. Seale 1/2 interest in the minerals of the land. E. B. Seale relied on Smith’s second deedwhen he purchased the interest from Smith. Plaintiff Frederick Messersmith sued to quiet title in the interest. Seale answered Plaintiff’s complaint by claiming the ½ mineral interest in the minerals as an innocent subsequent purchaser without notice, actual or constructive, of Plaintiff’s claim. Plaintiff further alleged that the mineral deed by which Seale claims title was void due to fraud.
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