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Luthi v. Evans

Supreme Court of Kansas, 1978

576 P.2d 1064

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Brief Fact Summary

Grantor deeded oil and gas interests to corporation. Corporation recorded the interests Later she deeded similar interests to a different party. Second party checked with the recorder's office and could not find any record of the previous conveyance. The issue of this case is the ownership of the oil and gas rights.

Rule of Law and Holding

Recordings which do not describe with sufficient specificity the property covered by the conveyance, are not sufficient to impart constructive notice to a subsequent purchaser. Additionally, if a subsequent purchaser has no actual knowledge of the prior assignment, the later assignment prevails over the assignment from Owens to Tours