Suppose that Oscar, who held title to Blackacre in fee simple absolute under a properly-drafted deed, conveyed
Question:
Suppose that Oscar, who held title to Blackacre in fee simple absolute under a properly-drafted deed, conveyed Blackacre to Ann but that Ann did not record the deed. A few weeks later, Oscar conveyed Blackacre to Bill under a properly-drafted deed but Bill also did not record the deed. Then, Oscar conveyed Blackacre to Charlie under a properly-drafted deed but Charlie did not record the deed. Bill and Charlie have since admitted and do not contest that they WERE FULLY AWARE of Oscar's previous conveyances of Blackacre when they received their deeds from him. Based on these facts:
a. Which party would have a superior interest in Blackacre under a "race" recording statute, and why?
b. Which party would have a superior interest in Blackacre under a pure "notice" statute, and why?
c. Which party would have a superior interest in Blackacre under a "race-notice" statute, and why?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts