Essay
Sam Johnson sold a one‑acre parcel of land he owned (located near Lake Havasu) to Henry Thoreau. Johnson conveyed it to Thoreau by warranty deed. Henry Thoreau is, in all literary and legal senses, a bona fide purchaser. Later Ralph W. Emerson approached Johnson about the same property, and Johnson sold it to him. Ralph, like Henry, received a warranty deed from Johnson and is a bona fide purchaser. Neither Henry nor Ralph has recorded their deeds. Johnson still later sold the same property to Emily Dickinson who was told of it (independently) by Ralph and Henry. Ralph and Henry had also described to Emily their shrewd purchases of the land. Upon receipt of the warranty deed from Johnson, Emily records immediately at the Mohave County Recorder's office.
a. In a race state, who has title to the land? Explain.
b. In a notice state, who has title to the land? Explain.
c. In a race/notice state, who has title to the land? Explain.
d. What is the significance of Johnson giving a warranty deed in each transfer? Does he have any liability?
e. Could Johnson have used another type of deed to avoid liability?
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a. Emily; first to record
b. Ralph; last...View Answer
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Correct Answer:
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b. Ralph; last...
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