REAL PROPERTY-NOTICE-RECITALS IN UNRECORDED DEEDS IN CHAIN OF TITLE

Authors

James S. Taylor, University of Michigan Law SchoolFollow

Abstract

The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, the court went on to dispose of the other points in the defendant's case, as a matter of "academic interest," and in a dictum said that "a grantee of land is chargeable with notice of the facts appearing in all the deeds in his chain of title, whether recorded or not." Republic National Bank of Dallas v. Eiring, (Tex. Civ. App. 1951) 240 S.W. (2d) 414.

Recommended Citation

James S. Taylor, REAL PROPERTY-NOTICE-RECITALS IN UNRECORDED DEEDS IN CHAIN OF TITLE, 50 Mich. L. Rev. 774 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss5/14