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Eastwood v. Shedd

Law Dictionary
CASE BRIEFS

Law Dictionary

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.166 Colo. 136, 442 P.2d 423 (1968)

Brief Fact Summary. In this case, Cleo Alexander (Alexander) on December 2, 1958, made a gift of property to the Defendant, Shedd (Defendant), who did not record the deed until October 16, 1964. On October 15, 1963, Alexander gift deeded the same property to the Plaintiff, Eastwood (Plaintiff), who recorded her deed on October 23, 1963. The Plaintiff had no actual nor constructive knowledge of the deed to the Defendant until the deed to the Defendant was recorded a year after the Plaintiff recorded her deed. The Plaintiff brought suit against the Defendant to quiet title to the property and was successful at the trial court level, from which decree the Defendant appealed.

Synopsis of Rule of Law. The Colorado act required all deeds to be recorded and provided that no deed should have any effect, except between parties, until the deed was recorded. This protection is against all classes of persons with any rights claimed.


Facts. In this case, Alexander, on December 2, 1958, made a gift of property to the Defendant, who did not record the deed until October 16, 1964. On October 15, 1963, Alexander gift deeded the same property to the Plaintiff, who recorded her deed on October 23, 1963. The Plaintiff had no actual nor constructive knowledge of the deed to the Defendant until the deed to the Defendant was recorded a year after the Plaintiff recorded her deed. The Plaintiff brought suit against the Defendant to quiet title to the property and was successful at the trial court level, from which decree the Defendant appealed.

Issue. The Court stated the issue as, “Is the donee of real property, who has duly recorded the instrument of conveyance, entitled to the protection of the provisions of C.R.S. 1963, 118-6-9, of the Colorado Conveyancing and Recording Act?”
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