KILLER .,. KERINL
Therefore, in view of the agreed fact in the present case
that the first redemption was sufficient in amount to satisfy the judg-
ment, I hold that the judgment WitS functus officio, and the redemption
There is no need to inquire about these innocent purchasers. A
decree will be entered according to the prayer of the bill.
MILLER et ale
(Otrcutt Oourt, W. D. Missourt, W. D. September 1, 1890.)
In 1870 G. conveyed certain land to B., and before the deed was recorded conveyed
the same land to H., who paid the price in reliance on B.'s representations tllat G.
had attempted to make him a deed which had been destroyed hecause it did not
convey the land in question. Held, that under Rev. St. Mo. 1889, § 2420, declaring
tbat an unrecorded deed of realty shall not be valid, except as between the parties
and such as have actual notice thereof, the conveyance to H. was en1;itled to pri-
ority over that to B., though not first recorded.
2. VENDOR AND VENDEE-BONA FIDE PURCHASER.
The premises in question having been purchased by one E. at a sale under a trust-
deed executed by B.. H. applied to G. to protect his title, and tile latter thereupon
procured E. to execute a quitclaim deed of the property to H. Subsequently H.
mortgaged the property to his mother, who became the purchaser at a sale under
the mortgage, and afterwards sold the premises to M. Held that, assuming that H.
had notice that E. held the title for B.. that fact afforded no proof tllat his mother
had notice, and that, in the absence of proof that M. had such knowledge, it was
immaterial whether lL'8 mother had notice or not.
This is an action of ejectment for the recovery of a valuable tract of
land now situated within the limits of Kansas Oity, Jackson county, Mo.
The cause having been submitted on stipulation to the court without t\le
intervention of a jury,the court makes the following special finding of
First. George W. Bryant is as to these parties t