Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

1922

Property Law and Real Estate

Recordings

Articles 1 - 1 of 1

Full-Text Articles in Law

Operation And Effect Of Recording, Ralph W. Aigler Jan 1922

Operation And Effect Of Recording, Ralph W. Aigler

Articles

While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are ...