Antone Nordling v. Peter Carlson and Clement G. MacRae

Good Law
265 F.2d 507·1958 U.S. App. LEXIS 6094
United States Court of Appeals for the Ninth CircuitOctober 17, 195815802California1,183 words

Opinion

Opinion

Fee, J.

By two deeds dated July 8, 1948, and August 3, 1948, Allen Stoddard conveyed to Antone Nordling a parcel of real property near Anchorage, Alaska, for cash payment. Although Nordling claimed to have registered these deeds in the Territorial Land Office, there was no legal record of such conveyances at the time.

On February 3, 1949, the same Allen Stoddard, for a valuable consideration, conveyed the identical parcel of real property to McDowell, who duly and properly recorded the deed therefor on August 9, 1949, as the face of the instrument shows.

At the time of these transactions, the-record title to this parcel did not stand in the name of Allen Stoddard at all, but in the name of Otis John Sasse. A quitclaim deed from Otis John Sasse and Betty Sasse to Allen Stoddard for this-parcel was recorded on November 28, 1951. And on the same day thére was duly recorded a warranty deed for this-parcel from McDowell to William and Lola Russell.

The Russells placed a mortgage on the-property (which was subsequently paid) and then conveyed the parcel by deed duly recorded February 20, 1952, to Peter Carlson and Clement G. MacRae, who are appellees here.

Nordling properly recorded his…

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