McCalla v. Knight Investment Co.

Supreme Court of Kansas
McCalla v. Knight Investment Co., 77 Kan. 770 (Kan. 1908)
94 P. 126; 1908 Kan. LEXIS 340

McCalla v. Knight Investment Co.

Opinion of the Court

Per Curiam:

McCalla brought an action of ejectment, claiming under a sheriff’s deed. The judgment upon which the execution issued was rendered February 11, 1901. The judgment debtor conveyed all his *771interest in the real estate to the Knight Investment Company October 26, 1898. The conveyance was not. recorded until after the levy of the execution and sale of the real estate by the sheriff. The sole controversy involves the priority of the judgment lien as against an unrecorded deed executed before the rendition of the judgment. The trial court rightly held that the sale under execution conveyed only such title as the judgment debtor had in the real estate at the time the judgment lien attached, and that the judgment creditor was not an innocent purchaser. (Harrison & Willis v. Andrews, 18 Kan. 535; Holden v. Garrett, 23 Kan. 98; Bowling v. Garrett, 49 Kan. 504, 518, 31 Pac. 135, 3 Am. St. Rep. 377; Civ. Code, § 419; Gen. Stat. 1901, § 4868.) The judgment is affirmed.

Reference

Full Case Name
Lou K. McCalla v. The Knight Investment Company
Cited By
8 cases
Status
Published