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Rolling “R” Construction v. Dodd

Alabama Supreme Court

477 So. 2d 330 (1985)

Relevant factsFree

While Rolling "R" (plaintiff) had a pending suit against Ted Barnett, Ted conveyed property to his wife Sheryl by a deed recorded January 5, 1982. Rolling "R" later obtained and recorded a judgment against Ted and filed a notice of lis pendens challenging the conveyance to Sheryl as fraudulent, but that notice never mentioned Sheryl's name and was recorded after the Ted-to-Sheryl deed. Sheryl later conveyed the property to Dodd (defendant) by a deed recorded in late 1983, and Rolling "R" sought to invalidate that conveyance too, claiming Dodd had constructive notice of its claims.

IssueFree

Whether a purchaser is deemed to have constructive notice of third-party claims to property recorded in instruments located outside his claim of title.

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