AL Bar Practice Questions - Alabama Bar Examination Exam

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A buyer purchases land and records the deed. Unknown to the buyer, the seller had previously sold the same land to another purchaser who failed to record. The jurisdiction has a 'notice' recording statute. Who has superior title?

The first purchaser, because she bought first Whoever recorded first, regardless of notice The subsequent buyer, if he took without notice of the prior unrecorded conveyance The seller, because the double sale voids both deeds

Correct Answer:

The subsequent buyer, if he took without notice of the prior unrecorded conveyance

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