Miller v. Green
Wisconsin Supreme Court
58 N.W.2d 704 (1953)
Eugene Miller (plaintiff) leased 63 acres of farmland from Green (defendant) for the 1950 crop season and, in November of that year, contracted to purchase the parcel, though he never recorded the purchase; even after the season's crop was harvested, Miller continued actively working the land that November, having 59 to 60 loads of manure delivered and plowing about two acres. Later that same month, Green also sold the property to W.E. Hines (defendant), who owned a nearby farm, and Miller sued Hines and Green asserting he held title. The trial court found Hines held title because Miller had not recorded his purchase and Hines was a good-faith subsequent purchaser.
Whether actual possession of land is sufficient to put a purchaser on inquiry notice that the possessor may have title to the land.