Campbell v. Home Ice & Coal Co.

126 Tenn. 524
CourtTennessee Supreme Court
DecidedSeptember 15, 1912
StatusPublished
Cited by11 cases

This text of 126 Tenn. 524 (Campbell v. Home Ice & Coal Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Home Ice & Coal Co., 126 Tenn. 524 (Tenn. 1912).

Opinion

Mr. Justice Neil

delivered the opinion of the Court.

This is an ejectment bill, brought to recover a lot in Johnson City fronting thirty feet on the line of the Southern Railway Company. The facts on which the controversy arises are as follows:

On January 9, 1907, C. N. Brown conveyed to the defendant a lot fronting 800 feet on the line of the railway above mentioned. This deed was duly recorded on February 19, 1907’. On May 21, 1907, Brown conveyed another 10Q feet to the defendant lying immediately west of the 300 feet, and also fronting on the line of the railway company. This deed was not recorded. On February 25, 1909, Brown executed a quitclaim deed to J. F. Crumley, in which he quitclaimed to the latter “a certain parcel of land situated and lying in the town [528]*528of Johnson City, Washington county, Tennessee, on what is known as Brash creek, adjoining the property and plant of the Home Ice & Coal Company and others, and bounded as follows: Beginning at the northwest corner of Home Ice & Coal Company’s land at the right of way of the Southern Railway; thence southeast-wardly with the line of said Home Ice & Coal Company with Brash creek to Water street of said town; thence southwardly with said Water street to what is known as the Waggoner heirs’ line, now James F. Crumley; thence northwardly with the last-named line to the right of way of the said Southern Railway; thence with said right of way in a northeastwardly direction to the beginning.” This instrument was duly acknowledged on the same day, and was registered on the 6th day of May, 1911. On the 17th day of March, 1909, J. F. Crumley conveyed to complainant, Campbell, the “following described real estate situated in the town of Johnson City, Tennessee: Beginning thirty-five feet from the center of the Southern Railway track on the northeast corner of J. E. Brading’s lot, on the waters of Brush creek, and running in a northeasterly direction with said right of way thirty feet; thence in a southwesterly direction, crossing Brush creek, 110 feet; then along Water street in a southwesterly direction thirty feet to J. E. Brad-ing’s line; then in a westerly direction along said Brad-ing’s line 110 feet, crossing Brush creek, to the beginning — said land being'a part of the Waggoner heirs and the C. N. Brown tract lies soutlrwest of the Home Ice [529]*529Company’s plant, now located on the waters of Brush creelc in Johnson City, Washington county, Tennessee.” This deed was in fee simple, and contained covenants of seizin and against incumbrances and a covenant of general warranty of title. It was duly acknowledged on the 17th of March, 1909, and duly recorded on the 18th of March, 1909.

It appears from the evidence that this deed covers the southwestern thirty-foot front of the land described in the second deed, the unrecorded deed which was made by Brown to the defendant Home Ice & Coal Company.

Shortly before the present suit was brought the defendant erected a barn upon a portion of this thirty feet, and thereupon the present action was brought by Campbell, claiming title under his deed from Crumley, and alleging that he had no knowledge of the prior unrecorded deed to the defendant, and that he was a bona ;fide purchaser. The defendant answered, admitting that its deed of May 21 had never been recorded, but averring that the complainant’s deed was champertous, because at the time of its execution the defendant was in open and adverse possession of the lot in controversy. The other defense was that the complainant was claiming through a quitclaim deed from Brown to Crumley, and inasmuch as Brown had conveyed the lot in controversy to the defendant, by the unrecorded deed referred to, there was nothing left in him which the quitclaim deed could convey.

The case was heard before Hon. S. C. Williams, special chancellor, who decreed in favor of complainant, [530]*530and thereupon the cause was brought to this court by appeal.

Under our statutes, a quitclaim deed is a form of conveyance. Shan. Code, sec. 3680, under article entitled “Forms of Conveyancing.” Like other deeds, it conveys whatever interest the grantor has, unless otherwise specially limited and confined by its terms. Shan. Code, sec. 3672.

But no deed is good as to strangers, unless acknowledged and recorded as required by law. Id., sec. 3671. While instruments that are required to be recorded have effect between the parties thereto and their heirs and representatives, without being recorded, yet as to other persons not having actual notice of them, they have effect only from the noting thereof for record. Id., sec. 3749. When such instruments are recorded, it is provided they shall be notice to all the world from the time they are noted for record, and that they shall take effect from that time. Id., sec. 3950. In case there are rival instruments, the instrument first recorded, or noted for record, takes precedence over one of earlier date, but noted for record afterwards, unless it be proven in a court of equity, according to the rules of that court, that the party claiming under the subsequent instrument had full notice of the previous instrument. Id., sec. 3751. Any deed not proved or acknowledged, and recorded'or noted for record, is null and void as to existing and subsequent creditors, or bona fide purchasers from'the maker without notice. Id., sec. 3752; Wilkins v. McCorkle, 112 Tenn., 688, 697, 80 S. W., 834.

[531]*531Our recording laws make no distinction between different kinds of deeds. As we have already said, a quitclaim deed carries title just as any other, unless its language renders that construction impossible. Under our recording laws a prior unrecorded deed does not carry title as against strangers without notice of its existence, and a subsequent deed, by force of these laws, actually passes the title. These views are supported by the weight of authority in other jurisdictions in which similar statutes have been construed. See the authorities collected under note 74, page 1695, of 39 Cyc.; note to Hickman v. Green, 123 Mo., 165, 22 S. W., 455, 27 S. W., 440, 29 L. R. A., 42-47; Strong v. Whybark, 204 Mo., 341, 102 S. W., 968, 12 L. R. A. (N. S.), 241 and note, 120 Am. St. Rep., 710; Eger v. Brown, 77 Kan. 510, 94 Pac. 803, 15 L. R. A. (N. S.), 459; McDougall v. Murray, 57 Wash., 76, 106 Pac., 490, 26 L. R. A. (N. S.), 159 and notes.

It is shown in the evidence that James F. Crumley paid Brown $100 for the property, and that before purchasing from Brown he examined the records in the register’s office and found no record of any conveyance of this property by Brown. It is shown that Crumley had no knowledge of the second conveyance to the defendant Ice Company; also that Brown himself, a man seventy-five years old, had forgotten having made that deed. It appears that the sale and purchase in question arose out of a claim which Crumley, who was the adjoining owner, made against Brown as to the ownership of the property. Crumley thought it was included in [532]*532land he had purchased from the Waggoners.. Brown thought he owned it, hut was not sure. To settle this controversy Brown agreed to quitclaim the property to Crumley for the price of $100. These facts explain the making of the quitclaim deed, excluding every suggestion that Crumley had any knoAvledge of the unrecorded deed of the Ice Company. Brown and Crumley differ as to the number of feet which they supposed was covered by the deed.

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Bluebook (online)
126 Tenn. 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-home-ice-coal-co-tenn-1912.