Document Type

Response or Comment

Publication Date



While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are certain special cases, not necessary to notice here, in which, independently of the recording acts, priority in time does not necessarily give priority in right. And there are other cases, one type of which will be discussed herein, in which it is important to observe that recording does give notice.