ALEXANDER v. O'NEIL

No. 5681.

77 Ariz. 91 (1954)

267 P.2d 730

ALEXANDER et al. v. O'NEIL et al.

Supreme Court of Arizona.

Rehearing Denied May 18, 1954.


Attorney(s) appearing for the Case

William C. Eliot, Ronald Webster, Jr., Phoenix, for appellants.

Kramer, Morrison, Roche & Perry, Phoenix, for appellees T.R. O'Neil and Doris O'Neil.

Gibbons & Kinney, by Ed. W. Hughes, Phoenix, for appellees Janie F. Northington and Jonas Northington.


UDALL, Justice.

The primary question presented by this appeal relates to the rights of parties under the recording act, Section 71-423, A.C.A. 1939. Plaintiff Marcelious Alexander claims under an unrecorded deed prior in execution, and defendant T.R. O'Neil claims under a deed prior in registry. Plaintiff's unrecorded conveyance (which for purposes of this appeal is agreed not to be a forgery) is declared by the statute, supra, to be void as against O'Neil, providing...

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