Sears v. Douthitt

Conflicting Claims to Land—Plaintiff a Bona Bide Purchaser from Common Grantor, Without Notice of Prior Unrecorded Deed.—In an action to determine conflicting claims to land, where the plaintiff and the defendants claim title under a common grantor, but it appears that plaintiff was a bona fide purchaser for value, under a recorded deed, without notice of a prior unrecorded deed, under which the defendants claim title, it is held that the evidence is amply sufficient to sustain the subsequent title of the plaintiff, as such bona fide purchaser.

Id.—Sufficient Delivery of Deed to Plaintiff—Delivery to Bank as Agent of Plaintiff.—The delivery of the deed to the plaintiff, after the payment of the money to the common grantor, was sufficiently proved by its directed delivery to a specified bank as the agent of the plaintiff. Such bank could not have relinquished the deed upon request of the grantor without rendering itself liable to any damage sustained by the plaintiff because of such act. The deed so delivered was as effectual as though the grantor had handed it to the plaintiff, or to any other person authorized by plaintiff to receive it.