Campbell v. Butler

4 Citing cases

  1. Mack Oil Co. v. Garvin

    39 P.3d 775 (Okla. 2001)

    ¶ 20 We have consistently held that we will not indulge in "a broad inquiry into weighing the equities before recognizing that title passed by operation of law upon reacquisition of the property by the grantor." Wood v. Sympson, 1992 OK 90, 833 P.2d 1239, note 12, quoting with approval from Campbell v. Butler, 1988 OK 75 ¶ 19,770 P.2d 7,10. In Wood, we rejected the contention that we should "engage in a searching inquiry into the equities of the situation" before applying the after acquired title doctrine.

  2. Wood v. Sympson

    833 P.2d 1239 (Okla. 1992)   Cited 7 times
    In Wood, we rejected the contention that we should "engage in a searching inquiry into the equities of the situation" before applying the after acquired title doctrine.

    Where a grantor conveys by warranty deed an interest he does not then own, but thereafter acquires, the reacquired interest inures to the benefit of the grantee. Campbell v. Butler, 770 P.2d 7, 11 (Okla. 1988). The vesting of title in the grantee, upon his grantor's reentry into the chain of title, passes by operation of law without any intervention of any court. Lucas, supra at 979; United Oklahoma Bank v. Moss, 793 P.2d 1359, 1362 (Okla. 1990).

  3. Ackerman v. Abbott

    978 A.2d 1250 (D.C. 2009)   Cited 8 times   1 Legal Analyses

    369 (Del. 1866) ("Where one who has no title conveys land with warranty, and afterward acquires title, and conveys to another, the second grantee is estopped to say that the grantor was not seized at the time of the first conveyance.") Second, where a grantor has conveyed property twice, whether before or after acquiring title, where no recording statute applies, the first grantee in time is first in right. See Campbell v. Butler, 770 P.2d 7, 10 (Okla. 1988) (holding that two grantees claiming under the after-acquired-title doctrine pursuant to conveyances before the grantor was vested in legal title took priority according to first in time principle where equities were equal); 31 C.J.S. Estoppel and Waiver § 25 (2008) ("When two grantees hold equitable title under the after-acquired title doctrine, the earlier in time prevails."). 14 POWELL, supra note 6, § 84.02[3][e], at 84-40-41.

  4. United Oklahoma Bank v. Moss

    793 P.2d 1359 (Okla. 1990)   Cited 12 times

    See Brown v. Barker, 35 Okla. 498, 130 P. 155 [1912]. See Campbell v. Butler, Okla., 770 P.2d 7 [1988]; rehearing denied [1989]. The husband and wife owned the property in question together when the husband granted an effective lien to FCB on his one-half interest and an invalid lien (because of her forged signature) on the wife's one-half interest.