Selsor-Badley v. Reed

• Decision Date: 12 February 1924
• Docket Number: 12704.
• Citation: 223 P. 651,97 Okla. 204,1924 OK 185
• Parties: SELSOR-BADLEY v. REED ET AL.
• Court: Oklahoma Supreme Court

223 P. 651

97 Okla. 204, 1924 OK 185

SELSOR-BADLEY v. REED ET AL.

No. 12704.

Supreme Court of Oklahoma

February 12, 1924

Syllabus by the Court.

A quitclaim deed, made in compliance with the statute, conveys whatever title the grantor has at the time of its execution and delivery, but, in the absence of some covenant of future assurance, does not convey a subsequently acquired title.

A purchaser at public sale of unallotted lands of the Choctaw and Chickasaw Tribes of Indians did not, by the purchase and payment of the initial payment, acquire title either legal or equitable, and did not acquire the equitable title until final payment of the purchase price.

T after purchase at such sale and before making the deferred payments, conveyed to C. by quitclaim deed without covenant of future assurance. C. died about 3 years thereafter without having placed the quitclaim deed of record. After the death of C., patent was issued to T. which was recorded in the office of the county clerk of the county where the land was situated. More than two years after the patent to T. was recorded, the heirs of C. caused the quitclaim deed to C. to be filed for record and conveyed the land to R. Held, R. acquired neither the legal nor equitable title, and was not an innocent purchaser without notice.

Commissioners' Opinion, Division No. 1.

Appeal from District Court, Coal County; J. H. Linebaugh, Judge.

Action by Bernice Selsor-Badley against Marvin Reed and another. From a judgment for the named defendant, plaintiff appeals. Reversed with directions.

Frederick King and T. G. Cutlip, both of Tecumseh, for plaintiff in error.

George Trice and Denver N. Davison, both of Coalgate, for defendants in error.

RAY, C.

This is a suit by Bernice Selsor-Badley, née Bernice Selsor, to quiet title. The defendant Reed asserted ownership and title was quieted in him. Mrs. Cornelius' interest was that of mortgagee of Reed. They claim through W. J. Thompson as a common source of title. There appears to be no important conflict of evidence. The facts are these: John A. Selsor father of Bernice Selsor, a minor, desiring to secure title to 10 acres of unallotted land to square out Bernice's allotment, entered into an oral agreement with W. J. Thompson by which Thompson agreed to buy the land at public sale and deed it to Bernice when she came of age. Thompson bid the land in, and Selsor furnished the money for the initial payment. Thereafter Thompson, because of ill health, was preparing to leave the state and F. W. Cornelius, a long-time tenant on the allotment of Bernice, proposed to Thompson that if he would deed the land to him he would make the deferred payments for the rental of the land and deed it to Bernice when she came of age. Cornelius and Thompson took the matter up with Selsor and he agreed to it. Pursuant to that agreement Thompson conveyed to Cornelius by quitclaim deed. About the time of this conveyance to Cornelius, Selsor died. Cornelius took possession of the land and made the deferred payments as they came due. April 1, 1917, Cornelius died without having placed the deed of record. After his death the quitclaim deed was placed of record, and on February 4, 1920 the heirs of Cornelius conveyed to Marvin Reed. Upon learning that the heirs of Cornelius had conveyed to Reed, Thompson executed a warranty deed to Bernice Selsor. Reed had no actual knowledge of the trust agreement. Thompson was the only witness to testify as to the agreements; Selsor and Cornelius both being dead. It is contended that Thompson's testimony was inadmissible under section 558, Comp. Stat. 1921. We cannot agree with this contention. Thompson is not a party to the suit. But if, under the statute, Thompson was not a competent witness, it cannot be considered here, for the reason that the objection urged went to the admissibility of the testimony and not to the competency of the witness. Williams v. Joins, 34 Okl. 733, 126 P. 1013.

Plaintiff contends that the initial payment and the receipt of the disbursing agent given therefor vested no estate in Thompson other than in trust, that the quitclaim deed...