Mortensen v. Lingo
United States District Court for the District of Alaska
99 F.Supp. 585 (1951)
Relevant factsFree
Harry McCain conveyed the same parcel of real property first to E.M. Anglin, by a deed that was recorded but improperly indexed, and then to Lingo (defendant), who found no record of Anglin's deed because of the indexing error; Lingo then conveyed the property to Mortensen (plaintiff). When Anglin later threatened to evict Mortensen from the property, Mortensen sued for damages for breach of the covenants of title.
IssueFree
Whether, under Alaska law, a deed that is recorded but not properly indexed is sufficient to provide constructive notice to a subsequent bona fide purchaser.