REAL PROPERTY-RECORDING--LATENT DEFECT IN ACKNOWLEDGMENT OF DEED

In 1947 A executed a deed to B, which was recorded in July 1951. On May 7, 1951 A executed a deed of the same property to C, who did not record. C's deed bore a certificate of acknowledgment, but in fact the acknowledgment was taken by telephone and not in person as required by law to make it eligible for record. On May 9, 1951 C conveyed to D, who recorded both conveyances in his chain of title on May 26, 1951.

In an action by B to quiet title, held, for B. Since the deed from A to C was not properly acknowledged, the deed was not entitled to record, and its actual record was not notice to D of its execution. Therefore, D was not a purchaser in good faith and was not protected against the prior conveyance to B. Messersmith v. Smith, (N.D. 1953) 60 N.W. (2d) 276.