Wineberg v. Moore

194 F.Supp. 12 (1961)

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Nature of the Case

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Facts

The property at issue is 880 acres of timberland. Wineberg (P) purchased the property from Barker in May 1948 but did not record his deed until May 1951. P took possession of the property upon purchasing it. Before P recorded his deed, Barker conveyed interests in the property two more times. Both of the subsequent conveyees recorded their deeds before P. Several judgment creditors of Barker also had interests in the property. P sued to quiet title, arguing that, although his deed had not been recorded at the time the defendants (D) acquired their interests in the property, they had constructive notice of the prior conveyance because P was in possession of the property and not Barker.