McMurtrey v. Bridges

CourtSupreme Court of Oklahoma
Writing for the CourtTHACKER, C. PER CURIAM.
Citation137 P. 721,41 Okla. 264,1913 OK 745
Decision Date23 December 1913

137 P. 721

41 Okla. 264, 1913 OK 745


Supreme Court of Oklahoma

December 23, 1913

Syllabus by the Court.

A deed of conveyance of real estate placed in escrow when made and duly delivered to the grantee at a subsequent date, when there has been compliance with the conditions of the escrow agreement, will ordinarily take effect at the time of such final delivery, and not before.

A warranty against taxes "at time of delivery," in deed conveying real estate, refers to and so warrants at time of final and due delivery from escrow, in which deed had been placed when made.

A petition by a grantee, in deed warranting land conveyed against taxes at the time of its delivery, to recover from the grantor the amount of taxes which became due and a lien upon the land between the time the deed was made and placed in escrow and the time it was duly delivered therefrom, the petitioner having paid such taxes after final delivery of the deed to him, is not insufficient merely because such taxes had not become due nor a lien upon the land when said deed was made and placed in escrow.

Commissioners' Opinion, Division No. 1. Error from County Court, Alfalfa County; F. M. Gustin, Judge.

Action by Frank McMurtrey against John F. Bridges. Judgment for defendant, and plaintiff brings error. Reversed and remanded, with directions.

Titus & Carpenter, of Cherokee, for plaintiff in error.

Talbot & Owen, of Cherokee, for defendant in error.


The position of the parties, in respect to their descriptive titles, remains the same as in the trial court.

Plaintiff in effect alleged that on August [137 P. 722.] 7, 1909, he contracted to purchase a certain tract of land of defendant; that at the same time defendant, in accord with said contract, executed and put in escrow, for final delivery to plaintiff on January 1, 1910, upon condition of performance of certain obligations by plaintiff in respect to the purchase price, a deed of said land, with usual covenants of warranty, and including a warranty against all charges, taxes, assessments, and incumbrances "at time of delivery"; that on January 3, 1910, the first day of the month being a legal holiday and the second being Sunday, plaintiff had fully performed his obligations under said contract and, being entitled thereto, received delivery of said deed from the depositary; but at that time there was a tax charge of $49.57, which had incumbered said land since October 15, 1909,...

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