Condos v. Trapp

I must dissent from the disposition of this case made by the new majority. The original majority opinion was an apt disposition of the case presented by the parties, and I would maintain that decision in effect. I could tolerate identifying the last grantee under a chronology of deed rule rather than a chronology of recording rule, although I still think it is appropriate to invoke the recording statute, § 34-1-120, W.S.1977. I am prompted to write this dissent, however, because I perceive the approach taken, by the dissenting justices initially and now by the new majority, as an unwarranted…