Property Law Keyed to Cribbet
Sabo v. Horvath
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In this case Lowery conveyed the same five-acre parcel of land twice. Once to the Appellee and this wife Ms. Horvath and secondly to the Appellants both by quitclaim deed. Lowery’s interest in the land comes from a United States Patent under the “Alaska Homesite Law” and Lowery’s conveyance to the Appellee and Ms. Horvath was made prior to the issuance of the patent, whereas the deed to the Appellants was made after the issuance of the patent. The Appellee and Ms. Horvath recorded first and was prior to patent and title, thus was “outside the chain of title.” The Appellee and Ms. Horvath sued the Appellants to quiet title and the Appellants counter-claimed to quiet their title. The lower court ruled that Lowery had an equitable interest capable of transfer at the time of the Horvath deed and further, that the deed to the Appellee and Ms. Horvath contemplated more than mere quitclaim, but warranted that patent would be transferred. The lower court also ruled that the Horvaths h ad the superior claim due to the prior recording, which was considered constructive notice to the Appellants under the Alaska Recording Statute. The Appellants appealed.
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