Condos v. Trapp

THOMAS, Chief Justice.

The sole question which we must resolve in this appeal is whether the last grantee, whom the parties agree must bear the loss attributable to a deficiency in a tract of land conveyed in separate grants by a common grantor, is to be determined according to the order of the deeds or according to the order of recording the deeds pursuant *828to § 34-1-120, W.S.1977. Section 34-1-120, W.S.1977, provides:

“Every conveyance of real estate within this state, hereafter made, which shall not be recorded as required by law, shall be void, as against any subsequent purchaser or…