Legal Opinion · Dissent

Bill's Printing, Inc. v. Carder

Supreme Court of Arkansas

Decided April 29, 2004No. 03-779Published

1Dissent

RTert L. Brown, Juhe majority opinion

dissenting. I dissent because The majority opinion essentially nullifies inquiry-notice as this state’s standard for real estate title searches and in doing so overrules more than one hundred years of real estate property law.

The majority holds that a purchaser of land (Bill’s Printing) is a bona-fide purchaser for value without notice even when the chain of title shows that the land he bought was vested in a third party (the Carders) by limited-warranty deed. The majority does so based on a cancellation deed issued by the Land Commissioner to the Carders…

2Cases cited11 opinions

  1. Gaines v. SummersSupreme Court of Arkansas · 1887
  2. Waller v. DansbySupreme Court of Arkansas · 1920
  3. Dial v. ArmstrongSupreme Court of Arkansas · 1938
  4. State Ex Rel. State Tax Commission v. GarciaNew Mexico Supreme Court · 1967
  5. Massey v. WynneSupreme Court of Arkansas · 1990

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