Bar Exam (US) Property: The state of Runnymede has the following recording statute in effect: “N...

Question

The state of Runnymede has the following recording statute in effect:

"No conveyance is good against a subsequent purchaser for a valuable consideration and without notice, unless the same be recorded prior to subsequent purchase."

Lau is the owner in fee simple of Blackacre, a 20-acre tract of unimproved land situated in Madison, Runnymede. On May 1, Lau sold Blackacre to Eto for the purchase price of $40,000 under a quitclaim deed. Eto did not record the deed. On May 5, Lau died leaving a valid will by which he devised Blackacre to his son, Landon. After the administration of Lau's estate, Landon, in consideration of the sum of $75,000, conveyed Blackacre to Fong by warranty deed. This transaction took place on August 1. When Fong acquired title to Blackacre, he had no actual knowledge of Eto's deed (which was still unrecorded). On August 10, Eto recorded his deed to Blackacre. Fong did not record the deed he received from Landon until August 15.

In an appropriate action to quiet title to Blackacre, in which all interested parties have been joined, title will be found to be in

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Eto, because his deed preceded Fong's deed
  2. B
    Correct Answer
    Eto, because his deed was recorded prior to Fong's deed
  3. C
    Correct Answer
    Fong, because he is protected by the recording statute
  4. D
    Correct Answer
    Fong, because he took title by warranty deed and Eto took title by quitclaim deed
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