Erway v. Deck

SANDSTROM, Justice-

[¶ 1] June D. Deck appealed from a judgment allowing Guy S. Erway, Joyce Erway, Erway Broadcasting Corporation, and KACL Radio (Erways) to levy on real property in Stark County. We hold the Erways had eonstruetive notice June Deck owned the Stark County land under a prior unrecorded deed, and the Erways’ judgment lien is subordinate to the prior deed. We reverse the judgment and remand for dismissal of the levy.

I

[¶ 2] Under a stipulated settlement agreement, Stanley and June Deck were divorced by a 1984 California decree, awarding June Deck all of the parties’ real property…