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Eastwood v. Shedd

Supreme Court of Colorado

442 P.2d 423 (1968)

Relevant factsFree

Cleo Alexander conveyed property to Eastwood (defendant), who never recorded his deed, and later conveyed the same property as a gift to Shedd (plaintiff), who promptly recorded hers. Eastwood did not record his own deed until nearly a year after Shedd's recording, and Shedd sued to quiet title; the trial court ruled for Shedd.

IssueFree

Whether, under Colorado law, an instrument conveying real property to a second grantee takes priority over a previous conveyance if the second grantee takes without notice of the prior conveyance and records first.

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