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Rowe v. Schultz

Arizona Court of Appeals
642 P.2d 881 (1982)


On April 12, 1978, Ben Rowe (plaintiff) obtained a quitclaim deed to a property from Mr. and Mrs. Michael Peregoy. Rowe did not record his deed until May 12, 1978. Prior to this recording, Arthur Schultz (defendant) obtained a money judgment against Peregoy and recorded the judgment on the same day. An Arizona statute provided that (1) an unrecorded conveyance was void as to creditors, but also that (2) an unrecorded conveyance was valid as between the parties to the conveyance. Rowe brought suit to quiet title. Rowe argued that part (2) of the statute validated the conveyance as between him and the Peregoys, and, as a result, the Peregoys had no interest in the property when Schultz obtained his judgment. The Yuma County Superior Court granted Schultz summary judgment. Rowe appealed.

Rule of Law


Holding and Reasoning (McFate, J.)

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