Q U It-C Lai M

A* form of deed of the nature of a release containing words of grant as well as release. 3 Washb. R. P., 5th ed. 606. The term is in constant and general use in American law to denote a deed substantially the same as a release in English law. It presupposes a previous or precedent conveyance or a subsisting estate and possession; Thornt. Conv. 44. It is a conveyance at common law, but differs from a release in that It Is regarded as an original conveyance, at least in some states; Rogers v. Ilillhouse, 3 Conn. 398; Hall’s Lessee v. Ashby, 9 Ohio, 96, 34 Am. Dec. 424; Doe v. Reed, 4 Scam. (111.) 117, 38 Am. Dec. 124. The operative words are remise, release, and forever quitclaim; Thornt Conv. 44. Covenants of warranty against incumbrances by the grantor are usually added. See a full article in 12 Cent. L. J. 127; 34 id. 174. The rule that a purchaser by a quitclaim deed is not to be regarded as a bona fide purchaser without notice of a prior incumbrance; O’Neal v. Seixas, 85 Ala. 80, 4 South. 745; Huff v. Crawford, 89 Tex. 214, 34 S. W. 606; has no application where the registry laws require the recording of such an incumbrance in order to make it a lien on lands in the hands of a subsequent purchascepting a quit claim deed from his grantor is bound, at his peril, to ascertain what equities, if any, exist against his title; Bowman y. Griffith, 35 Neb. 361, 53 N. W. 140; but the receipt of the quit-claim deed does not of itself prevent the grantee from showing that he is a bona fide purchaser; Moelle v. Sherwood, 148 U. S. 21, 13 Sup. Ct. 426, 37 L. Ed. I 350; U. S. v. Land Co., 148 U. S. 31, 13 Sup. ! Ct. 458, 37 L. Ed. 354; and the grantee under j such deed may be a bona fide purchaser under the recording acts; Smith v. Mc Clain, 146 Ind. 77, 45 N. E. 41. A quit-claim deed conveys only the inter- j est of the grantor at the time of the convey- j ance; Pleasants v. Blodgett, 30 Neb. 741, 58 N. W. 423, 42 Am. St. Rep. 624; but such a deed is as effectual to divest and transfer a complete title as any other form of conveyance; Moelle v. Sherwood, 148 U. S. 21, 13 Sup. Ct. 426, 37 L. Ed. 350. Such a deed from a judgment debtor of land, sold under execution, passes merely the right of redemption and does not relieve the land of dower of the debtor’s wife, though she did not reside in the state when the deed was executed; Lynde v. Wakefield, 19 Mont. 23, 47 Pac. 5. A title acquired subsequently to the execution of a quit-claim, with special warranty simply, does not enure to the grantee, and a subsequent purchaser from the grantor is not affected by the recording of the deed executed before the grantor acquired the title; Bennett v. Davis, 90 Me. 457, 38 Atl. 372. A grantee in a warranty deed whose immediate grantor also took under a warranty deed, is entitled to protection as a bona fide purchaser notwithstanding the fact that remotely in the chain of title there exists a ‘quit-claim deed; Sherwood v. Moelle, 36 Fed. 478, 1 L. R. A. 797; Snowden v. Tyler, 21 Neb. 199, 31 N. W. 661; but one who takes a quit-claim deed is presumed to do so with notice of any outstanding equity interest and he therefore knows that he is taking a doubtful title and Is put on inquiry concerning it. “The very form of the deed indicates to him that the grantor has doubts concerning the title; and the deed itself is notice to him that he is getting only a doubtful title;” Johnson v. Williams, 37 Kan. 179, 14 Pac. 537, 1 Am. St. Rep. 243, per Valentine, J., who is quoted on this point by Brewer, J., in * Sherwood v. Moelle, 36 Fed. 478, 1 L. R. A. 797, and referred to as “one of the most painstaking and thoughtful judges I know. Ho has collected the various authorities.” Under a Massachusetts statute, a quitclaim deed takes precedence over a prior deed, recorded subsequently to the quitclaim, where the grantee in the latter is without notice of the other; Stark v. Boynton, 167 Mass. 443, 45 N'. E. 764. A quitclaim deed, duly recorded, is held to be withrecord; Schott v. Dosh, 49 Neb. 187, 68 N. W. 346, 59 Am. St. Rep. 531; where will be found much learning on the subject of these deeds.