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CONDOS v. TRAPP

No. 84-62.

717 P.2d 827 (1986)

Ronald A. CONDOS and Arlys K. Condos, Appellants (Plaintiffs and Counter-Defendants), v. William Ernest TRAPP and Deborah Gaye Trapp, Appellees (Defendants, Counter-Plaintiffs, and Third-Party Plaintiffs), v. Paul A. GRANGER and Rosalind J. Granger, husband and wife, John D. Lettz and Bonnie Lettz, husband and wife, Jerry A. Wilson and Susan J. Wilson, husband and wife, Waldo A. Ballhorn and Lavonne M. Ballhorn, husband and wife, (Third-Party Defendants).

Supreme Court of Wyoming.

Rehearing Granted May 28, 1986.

Attorney(s) appearing for the Case

Robert W. Brown, Lonabaugh & Riggs, Sheridan, for appellants.

Robert W. Koester, Sheridan, for appellees Trapps.

Micheal K. Shoumaker, Sheridan, for third-party defendants Lettz and Wilson.

Before THOMAS, C.J., ROSE, ROONEY and CARDINE, JJ., and RAPER, J., Retired.

THOMAS, Chief Justice.

The sole question which we must resolve in this appeal is whether the last grantee, whom the parties agree must bear the loss attributable to a deficiency in a tract of land conveyed in separate grants by a common grantor, is to be determined according to the order of the deeds or according to the order of recording the deeds pursuant to § 34-1-120, W.S. 1977. Section 34-1-120, W.S. 1977, provides...

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