Printable Format58-2207. Title acquired after conveyance passes to grantee, when. Where a grantor by the terms of his or her deed undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not at the time of such conveyance have the legal title to the estate sought to be conveyed, but shall afterwards acquire it, the legal estate subsequently acquired by the grantor shall immediately pass to the grantee; and such conveyance shall be as effective as though such legal estate had been in the grantor at the time of conveyance.
History: G.S. 1868, ch. 22, ยง 5; October 31; R.S. 1923, 67-207.
Law Review and Bar Journal References:
Operation and effect of recording statutes, 17 W.L.J. 615, 623, 625, 626 (1978).
"Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283, 289 (1979).
"Kansas Oil and Gas Law: Defining the Duty Between Participants in a Joint Operating Agreement," Richard James, 39 W.L.J. 128 (1999).
CASE ANNOTATIONS
1. After-acquired interest passes to grantee interest purported to be conveyed. Gray v. Ulrich, 8 Kan. 112, 122.
2. After-acquired title held not to pass by quitclaim deed. Bruce v. Luke, 9 Kan. 201, 208; Mosier v. Allenbaugh, 84 Kan. 361, 114 P. 226.
3. Action by a covenantor against assignee of his grantee; estoppel. Scoffins v. Grandstaff, 12 Kan. 467, 469, 471. Questioned: Bolinger v. Brake, 57 Kan. 663, 668, 47 P. 537.
4. Separate quitclaim deed of wife to homestead conveys nothing. Ott v. Sprague, 27 Kan. 620.
5. Holder of quitclaim deed not protected as bona fide purchaser. Johnson v. Williams, 37 Kan. 179, 14 P. 537.
6. Grantee received by warranty deed; her alienees took after-acquired title. Hammerslough v. Hackett, 48 Kan. 700, 707, 29 P. 1079.
7. Deed construed; after-acquired title holders estopped from asserting title. Armstrong v. Building Co., 57 Kan. 62, 67, 45 P. 67.
8. After-acquired title passes by warranty deed. Sternberg v. Larkin, 58 Kan. 201, 203, 48 P. 861.
9. False representations innocently made; equitable estoppel. Westerman v. Corder, 86 Kan. 239, 240, 119 P. 868.
10. Grantor's after-acquired title inures to benefit of grantee. Leslie v. Bank, 97 Kan. 22, 25, 154 P. 209.
11. Warranty provisions of mineral deed not within purview of section. Schultz v. Cities Service Oil Co., 149 Kan. 148, 151, 86 P.2d 533.
12. Cited; life estate in remainder an interest in land. Hull v. Prather, 161 Kan. 264, 267, 167 P.2d 600.
13. Section is inapplicable to oil and gas lease. O'Connor v. J. M. Huber Corporation, 85 F. Supp. 381, 383.
14. Section cited; equitable mortgage impressed upon land when original mortgage was defective. Beck v. Brooks, 224 Kan. 300, 303, 580 P.2d 882.
15. Doctrine inapplicable to conveyance by incapacitated grantor's surviving spouse; confidential relationship breached; undue influence exercised and constructive trust imposed. Logan v. Logan, 23 Kan. App. 2d 920, 928, 937 P.2d 967 (1997).