Sabo v. Horvath case brief summary
559 P.2d 1038 (Alaska 1976)
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
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.
Recommended Supplements and Study Aids for Property Law
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.
Recommended Supplements and Study Aids for Property Law
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