Messersmith v. Smith

Caroline Messersmith and her nephew Frederick Messersmith (plaintiff) each owned a half-interest in land. Caroline conveyed her half to Frederick by quitclaim deed in May 1946, but that deed wasn't recorded until July 1951. In the meantime, on the same date in May 1951, Caroline granted a half-interest in the property's oil and minerals to Herbert Smith, Jr. (defendant); after Smith noticed an error, he tore up that deed and had Caroline's signature on a second deed acknowledged over the telephone by a notary. Smith then conveyed his interest to E.B. Seale (defendant), with both the second deed and the Seale conveyance recorded before Frederick's earlier deed was recorded. Frederick sued to quiet title, arguing the deed to Smith was void; Smith defaulted, and Seale claimed protection as a good-faith purchaser without notice under the recording statute. The trial court found no fraud and ruled for Seale.