Barton v. Cannon

I dissent.

The principal reason for this dissent is because the reasoning applied in the majority opinion necessarily results in an abrogation of the effectiveness of the recording statutes of the State of Idaho relative to the conveyances or transfers of real property. The pertinent statutes are: I.C. §§ 55-811,1 55-8122 and 55-813.3 These statutory provisions can hardly be classed as “newcomers” to the Idaho law for, with but one exception, they have been a part thereof since 1864. The one exception is *426the second paragraph of I.C. § 55-811, which was added to that section in 1941.

The key…