Stone v. French

37 Kan. 145, 14 P. 530, 1 Am.St.Rep. 237 (1887)

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Nature of the Case

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Facts

Initially, the property at issue belonged to Francis French. About a year before his death, Frances decided to give the property to his brother Dudley upon his death, unless he sold the property to someone else prior to that time. Francis wrote a letter to his brother to that effect, stating that he would make out a deed when he had fully paid for the land. After Francis had paid for the land, he made out a deed to Dudley. Although the deed recited that it had been delivered, it never was. The deed remained in Francis' possession until the day of his death, when it was discovered by one Welch. The deed was in an envelope bearing the instructions: 'This deed to be placed in the recorder's office at Erie, Kansas, for record, and the accompanying letter to be mailed as per direction thereon.' At the time Welch found the deed, Francis was unconscious, and remained so until he died about a half hour later. After Francis' death, Welch delivered the deed to Dudley. Dudley filed the deed and took possession of the land. He remained in possession until he sold the land to Stone (D). Although Dudley and D were brothers-in-law, D was unaware of any infirmity in Dudley's title. Dudley's deed was also recorded. The heirs of Francis (P) filed this action for partition. The court found that the deed from Francis to Dudley was never delivered, and that conveyance was therefore absolutely void so that an innocent purchaser would not be protected. D argues that the recording of the deed served to make it valid.