Parks v. Stepp

Fletcher, Chief Justice.

This case involves a dispute between two adjoining landowners over ownership of a tract of land granted to both owners by a common grantor. One landowner claims ownership of the disputed land by having the first recorded instrument, a sales contract; the other claims ownership by being the first to record a deed. We granted certiorari to decide if OCGA § 44-2-6 gives priority to the holder of a recorded sales contract over a later recorded deed from a common grantor to a third party.1 Finding that it does provided the conditions in the sales contract are met and a deed…