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In 1861, Hayden conveyed property to Moore by warranty deed for a consideration of $640. In 1863, he conveyed the same property to Josephine Hayden by quitclaim deed for a recited consideration of 'natural love and affection and five dollars.' At the time of the conveyance to Josephine, she had no actual notice of the conveyance to Moore. Moore's deed was recorded in 1868, and Josephine's deed was recorded in 1874. Plaintiff (P) derives title from Josephine, and defendant (D) derives title from Moore. The lower court found for D. P appeals.

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