559 P.2d 1038 (Alaska 1976)
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.
- 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.
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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