Valley National Bank v. Hay

SUPPLEMENTAL OPINION

DONOFRIO, Presiding Judge.

In our opinion filed September 8, 1970, 13 Ariz.App. 39, 474 P.2d 46, we stated:

“Although generally American courts construe recording laws as requiring and authorizing the recording of equitable as well as legal interests, 45 Am.Jur. Records and Recording Laws § 49 (1943), Arizona appears to have confined the operation of A.R.S. § 33-412 to legal interests in land. Luke v. Smith, 13 Ariz. 155, 108 P. 494 (1910) ; Jarvis v. Chanslor & Lyon Co., 20 Ariz. 134, 177 P. 27 (1919). * * *”

Appellant has filed a motion for rehearing questioning the…