Alexander v. O'NEIL

UDALL, Justice.

The primary question presented by this appeal relates to the rights of parties under the recording act, Section 71-423, A.C.A. 1939. Plaintiff Marcelious Alexander claims under an unrecorded deed prior in execution, and defendant T. R. O’Neil claims under a deed prior in registry. Plaintiff’s unrecorded conveyance (which for purposes of this appeal is agreed not to be a forgery) is declared by the statute, supra, to be void as against O’Neil, providing the latter was a “purchaser for valuable consideration without notice”.

The essential facts, which are somewhat involved, are as…