Sunday, April 28, 2013

Zimmer v. Sundell case brief

Zimmer v. Sundell case brief summary
296 N.W. 589

CASE SYNOPSIS: Defendants appealed a judgment of the Circuit Court for Price County (Wisconsin) which found in favor of plaintiffs in an action to quiet title.

FACTS: An owner of land conveyed property to defendants. The owner then conveyed the same land to another man who in turn conveyed it to plaintiffs. Plaintiffs recorded their deed. Defendants then recorded their deed. Finally the deed from the owner to plaintiffs' grantor was recorded. Plaintiffs filed an action to quiet title and defendants filed a counterclaim to quiet title. The trial court found that both parties purchased in good faith and awarded judgment to plaintiffs pursuant to the recording statute, Wis. Stat. § 235.49, which protects the first to record a deed.

HOLDING:
The appellate court reversed holding that plaintiffs were not entitled to the protection of the recording statute because defendants were first to establish a line of title to the common ancestor because they recorded their deed before plaintiff's grantor recorded his deed.

CONCLUSION: Judgment for plaintiffs in quiet title action was reversed where the court held that plaintiffs were not entitled to the protection of the recording statute because defendants were first to establish a line of title to the common ancestor because they recorded their deed before plaintiff's grantor recorded his deed.

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