Rowe v. Schultz
Arizona Court of Appeals
642 P.2d 881 (1982)
Relevant factsFree
Rowe (plaintiff) obtained an unrecorded quitclaim deed to property on April 12, 1978, but did not record it until May 12; before that recording, Schultz (defendant) obtained and recorded a money judgment against the same sellers. The applicable Arizona statute made an unrecorded conveyance void as to creditors but still valid between the parties to the conveyance; Rowe sued to quiet title, arguing the second provision preserved his interest against Schultz, and the trial court granted Schultz summary judgment, prompting Rowe's appeal.
IssueFree
Whether a statute may require recording of a conveyance as a condition of maintaining that conveyance's priority over a subsequent judgment lien.