Language of Grant in Quitclaim Deed Did Not Convey After-Acquired Title

摘要

In Carkuff v. Balmer, 795 N.W.2d 303 (N.D. 2011), the North Dakota Supreme Court held that a quitclaim deed which conveyed all of the "right, title and interest" in the property did not pass after-acquired title, notwithstanding the use of the term "grant" in the conveyance. Id. at 308. Alice Carkuff had one son, James Carkuff, and four daughters. Id. at 304. The plaintiffs are the successors to James Carkuff, while the defendants are the successors to the daughters. Id. On June 11, 1953, Alice conveyed all of her interest in the oil, gas, and other minerals in a tract of land to her daughters, and, on the same day, she quitclaimed to James Carkuff the surface rights in the tract. Id. at304. Subsequently, on October 20, 1953, Alice executed a quitclaim deed to James for the tract whereby Alice "does by these presents GRANT, BARGAIN, SELL, REMISE, RELEASE and QUIT-CLAIM unto [James]... all the right, title and interest in and to" the subject property. Id. at 305, 308. Later, on June 13, 1958, James executed a deed conveying the "surface rights only" back to his mother, Alice, and on that same date, Alice executed a deed to James reconveying the "surface rights only." Id. at 305.