576 P.2d 1064
On February 1, 1971, Grace V. Owens was the owner of interests in seven oil and gas leases located in Coffey County.1 On that date Owens executed a written instrument designated Assignment of Interest in Oil and Gas Leases that transferred to International Tours, Inc. all of her right, title, and interest in seven specifically described leases together with all working interests and overriding royalty interests in all oil and gas leases in Coffey County owned by her, including the Kufahl lease.2 The assignment was filed for record in the office of the register of deeds of Coffey County on February 16, 1971.3
On January 30, 1975, the same Grace V. Owens executed and delivered a second assignment of her working interest in the Kufahl lease to J.R. Burris.4 Prior to the date of that assignment, Burris personally checked the records in the office of the register of deeds.5 Following the date of the assignment, Burris secured an abstract and title to the real estate in question.6 Neither his personal inspection nor the abstract of title reflected the prior assignment to Tours.7
The controversy on this appeal is between Tours and Burris over ownership of what had previously been Owens's interest in the Kufahl lease.8 Tours claims the 1971 assignment conveyed the Kufahl interest through its general clause and that the recording of the assignment gave constructive notice to subsequent purchasers including Burris.9 Burris maintains that the general language in the second paragraph of the assignment to Tours failed to state with specificity the names of the lessor and lessee, the date of the lease, any legal description, and the recording data, making it impossible for the register of deeds to identify the real estate involved and to make the proper entries in the numerical index.10
The district court ruled in favor of Burris.11 On appeal the Court of Appeals held the general description contained in the assignment to Tours to be sufficient when recorded to give constructive notice to a subsequent purchaser for value including Burris.12 The Supreme Court of Kansas granted review of the Court of Appeals judgment.13
Whether the recording of an instrument of conveyance using a general 'Mother Hubbard' clause to describe unspecified oil and gas lease interests in a county imparts constructive notice to a subsequent purchaser for value?14
Under Kansas law, an instrument of conveyance imparts constructive notice to subsequent purchasers only if it describes the property with sufficient specificity to allow identification of the specific tract conveyed, as required by the statutes governing conveyances and recordation when read in pari materia.15
No. The 1971 assignment from Owens to Tours employed a Mother Hubbard clause that generally conveyed all oil and gas lease interests in Coffey County without specifying the Kufahl lease by lessor, lessee, date, legal description, or recording data.16 Although this clause validly transferred the interest between Owens and Tours, the lack of specificity meant the register of deeds could not identify the property for indexing purposes under the statutes in K.S.A. Chapters 58 and 19.17 Therefore, the recording of the Tours assignment did not impart constructive notice to Burris.18
The recording of the 1971 assignment did not impart constructive notice to Burris, and the assignment to Burris prevails.19