Strong v. Whybark
Supreme Court of Missouri
102 S.W. 968 (1907)
Seth Hayden first conveyed property by warranty deed to William Moore for $640 cash, but Moore did not record the deed; Hayden later conveyed the same property by quitclaim deed to Josephine Hayden for nominal consideration -- five dollars and "natural love and affection" -- and Josephine promptly recorded her deed, while Moore recorded his own deed more than six years later. Strong (plaintiff) claimed title as successor through Josephine Hayden's chain of conveyances, while Whybark (defendant) and others claimed as successors through Moore. In the resulting quiet title suit, intervenor John Boyden claimed an interest in part of the property, and the trial court ruled in Boyden's favor; Strong's motion for a new trial was denied, and he appealed.
Whether, under Missouri law, nominal consideration for the conveyance of an interest in real property entitles the grantee to protection as a bona fide purchaser against claims of previous grantees when the second grantee takes the instrument of conveyance with no knowledge of the earlier conveyance and records the instrument prior to the recording of the earlier conveyance.