Scott v. Woolard

This is a title dispute to a strip of land approximately 0.2 acre in area, 325 feet in length and from 18 to 40 feet in width. By quitclaim deed, Gallion conveyed the disputed strip to Woolard in May 1967. Woolard left the deed with his attorney to be recorded, but the deed was not recorded until November 23, 1971. Before the Woolard deed was recorded, Gallion conveyed to Scott, by warranty deed, a larger parcel of land (3 acres) containing in part the disputed area. Scott’s deed was recorded on August 12, 1971, and he took possession several days later.

The trial court found that Scott was a…