Roddy conveyed Lot 2 "to Selma Bouvier." The deed included the restrictions set out above, satisfied, the statue of frauds, and was recorded on January 1, 2002. Selma believed that she was infertile and therefore was happy to live in a subdivision without children. However, on January 1, 2003, Selma found out she was pregnant. While all of her neighbors were happy for her, they were also quick to remind her that Heavenly Estates was intended for those without children. Selma, in her excitement, gave Lot 2 to her best friend Edna Krabappel as a gift. Selma did not tell Edna about the restrictions and the quitclaim deed that Selma used did not include the restrictions. Edna accepted the deed on July 1, 2002, but never recorded it.

While Selma forgot to tell Edna about the Heavenly Estates restrictions, the neighbors were more than happy to. The day that Edna moved in, four neighbors brought over casseroles to welcome her to the neighborhood and informed her of the restrictions. Edna was distraught because she was hoping to adopt a child. After a few months, Edna decided the best thing to do was to sell the lot. She listed it for sale and quickly had a contract. On January 1, 2003, Edna sold the property to Sideshow Bob for $100,000. The general warranty deed did not contain the restrictions set out above.
Bob recorded the deed, which satisfied the statute of fraud on January 1, 2003. Bob was relocating to Springfield and had to sell his house in Capital City before he could move to Springfield. Bob
planned to move into the house on July 1, 2003.

When Selma found out that Edna sold the property she was furious and felt betrayed. Because Edna had not recorded the deed, Selma did not believe the conveyance was valid. Selma sold Lot 2 to Ralph
Wiggum for $150,000. Selma conveyed a general warranty deed that satisfied the statute of frauds to Wiggum that included all of the restrictions set out above. The deed was delivered and recorded on
June 1, 2003. Wiggum immediately moved onto the property. On July 1, 2003, while Wiggum was out working in the garden, Bob pulled up with a moving truck full of furniture and demanded that
Wiggum leaves.

ISSUE: IN THE LAWSUIT BETWEEN SIDESHOW BOB AND RALPH WIGGUM OVER OWNERSHIP OF LOT 2, WHO IS LIKELY TO PREVAIL? WHY? EXPLAIN YOUR ANSWER.

Answer rating: 100% (QA)

In the lawsuit between Sideshow Bob and Ralph Wiggum over ownership of Lot 2 it is likely that Ralph ... View the full answer