In May 1906, L.A. Hughes (defendant) bought a lot of land from Carrie Hoerger. Hughes sent his money and a deed to Hoerger with a copy of a deed to be executed and returned to him. The name of the grantee was left blank, but Hoerger signed and returned the deed. Hughes then filled his name in as grantee, and recorded the deed on December 16, 1910. In April 1909, Duryea & Wilson also received from Hoerger a quitclaim deed for the lot. This deed was recorded on December 21, 1910. On November 19, 1909, Duryea & Wilson conveyed the land to the Board of Education (plaintiff) by warranty deed, which deed was recorded on January 27, 1910. The Board of Education brought suit to determine who owned the title to the land. The trial court determined that the Board of Education was the proper owner. Hughes appealed.