Sabo v. Horvath case brief

Sabo v. Horvath case brief summary
559 P.2d 1038 (Alaska 1976)

CASE SYNOPSIS

Defendants appealed a decision from the Superior Court (Alaska) which held that plaintiff had the superior claim to land also claimed by defendants, because plaintiff's prior recording gave constructive notice for purposes of Alaska Stat. § 34.15.290.

CASE FACTS
Seller conveyed the same piece of land twice - first to plaintiff and later to defendants. The seller's interest in the land originated in a patent from the U.S. Government under the Alaska Homesite Law, 43 U.S.C.S. § 687a (1970). His conveyance to plaintiff was prior to the issuance of patent, and his subsequent conveyance to defendants was after the issuance of patent. The plaintiff recorded his deed; the defendants recorded their deed some time later.

DISCUSSION

• The court reversed the judgment of the lower court and held that defendants were the true owners. 
• Plaintiff's deed, recorded outside the chain of title, did not give constructive notice to defendants and was not "duly recorded" under the Alaskan Recording Act, Alaska Stat. § 34.15.290.

CONCLUSION
Judgment reversed. Plaintiff's deed was recorded out of the chain of title and thus did not give constructive notice for purposes of the Alaska Recording Act.

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