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Mortensen v. Lingo

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.99 F. Supp. 585, 13 Alaska 419 (D. Alaska 1951)

Brief Fact Summary. On February 20, 1941, McCain conveyed real property to Anglin. The deed was recorded in the office of the recorder for the Anchorage recording district, but was not indexed as the statute directed. Then, in 1947, McCain conveyed the same property to Defendant, who then conveyed the land to the Plaintiffs who allege that Anglin threatens to evict Plaintiffs.

Synopsis of Rule of Law. All the prescribed steps, including indexing, had to be performed before the record could constitute constructive notice.


Facts. On February 20, 1941, McCain conveyed the real property to Anglin. The deed was recorded in the office of the recorder for the Anchorage recording district, but was not indexed as the statute directed. Then, in 1947, McCain conveyed the same property to Defendant, who then conveyed the land to the Plaintiffs who allege that Anglin threatens to evict Plaintiffs. The Plaintiffs then filed suit against Defendant for breach of covenants of title. The facts do not evidence that Defendant ever had actual notice of the prior conveyance to Anglin.

Issue. Did the Defendant have constructive notice of the prior conveyance to Anglin by McCain such that the Plaintiffs, subsequent innocent purchasers for value, may recover from Defendant for breach of covenants of title?

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