A deed which is a nullity when delivered because the name of the grantee is omitted becomes operative without a new execution or acknowledgment if the grantee, with either express or implied authority from the grantor, inserts his name in the blank space left for the name of the grantee.
Defendant bought a city lot in May 1906. Defendant did not fill in the grantee's name on the deed until shortly before it was recorded on December 16, 1910. In April 1909, real estate dealers paid the same grantor for a quitclaim deed to the same lot. They did not record their deed until December 21, 1910. However, they delivered a warranty deed to plaintiff, who recorded that deed in January 1910.
Is an earlier but unrecorded deed, made in blank and filled in by the grantee, operative as to a prior recorded deed?
There is a nullification where the grantee’s name is filled in. This was not notice to defendant of the prior unrecorded conveyance by his grantor. He was a subsequent purchaser in good faith for a valuable consideration, and he was thus protected by the recording of his deed before the prior deed was recorded. The court reversed a judgment in favor of plaintiff in an action against defendant to determine adverse claims to a city lot. The case was remanded for a new trial.