Eggert v. Ford

(dissenting) — The facts are stated in the majority opinion. The applicable sections of the statute are also quoted therein. I cannot refrain, however, from again quoting Rem. Rev. Stat., § 10599, which is § 8, chapter 33, p. 34, Laws of 1929, and reads as follows:

“Every instrument in writing purporting to convey or encumber real estate situated in this state, or any interest therein, which has been recorded in the auditor’s office of the county in which such real estate is situated, although such instrument may not have been executed and acknowledged in accordance with the law in force at…