(1) Stewart owns a cabin in Southern Illinois she likes to use in the summer. In 2006 she conveys the cabin to Perritt in fee simple absolute, who doesn’t record the deed. In 2009, Stewart sells the cabin to Godfrey, who also doesn’t record. Godfrey has no knowledge about Perritt’s interest.
(1) Summer 2010, both Perritt and Godfrey go to the Cabin on the same day at the exact time.
(2) Same as 1, but Godfrey knew about Perritt’s interest but wanted to get back at him over a personal grudge.
(2) Same as above- Perritt doesn’t record, but Godfrey does record immediately after his purchase.
(1) If Godfrey has no notice of Perritt?
(2) Does Perritt have any causes of action?
(3) Godfrey knows that Stewart previously sold Perritt the cabin.
(3) Perritt buys the cabin in 2008 and doesn’t record. Godfrey buys in 2009 and doesn’t record, and doesn’t know about Perritt’s purchase. Perritt records in 2010.
(1) Argue for each side.
(4) In 2006, Erickson sold Stewart the cabin in 2006, Stewart records. In 2008, Stewart sells to Perritt, Perritt records but the clerk’s office mistakenly records the deed in the grantor index under Margaret, Stewart’s first name. In 2009, Stewart sells to Godfrey, who records and knows nothing about the Perritt conveyance.
(1) Argue for Perritt and Godfrey.
(2) How would your analysis change if the county used a tract index?
(5) Perritt buys the cabin in 2008, doesn’t record. Godfrey buys in 2009, and doesn’t record. Godfrey records in February 2010. In March 2010, Godfrey sells cabin to Sowle and Sowle knows about the previous, unrecorded Stewart-Perritt conveyance.
(6) 2006- Stewart sells to Perritt, who doesn’t record or take possession. 2008, Stewart sells to Godfrey, Godfrey doesn’t know about the Stewart-Perritt conveyance. 2009, Godfrey sells land back to Stewart.
(7) Stewart sells her cabin to Perritt, but retains an easement on the property allowing her to use the cabin every year for the month of July. Perritt records deed, which doesn’t say anything about the easement. Perritt sells to Godfrey, who has no knowledge of the easement. Then Stewart shows up the following July.
(a) Argue for Stewart and Godfrey
(b) Would it make a difference if the Stewart-Perritt deed mentioned the easement?