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MMLU-Pro / 1533 / A man conveyed land by quitclaim deed as a gift to his cousin, who did not then…

Problem

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question

A man conveyed land by quitclaim deed as a gift to his cousin, who did not then record the deed or take possession of the land. Six months later, when the man was still in possession, he conveyed the land by quitclaim deed as a gift to a friend, who knew nothing of the deed to the cousin. The friend did not record his deed. The man then vacated the land, and the friend took possession. The recording act of the jurisdiction provides as follows: "No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record." Recently, the cousin learned about the friend's deed and possession, immediately recorded her deed, and sued the friend for possession and to quiet title. The friend then recorded his deed and raised all available defenses. For whom is the court likely to decide?

category

law

options

  1. For the friend, because the cousin did not take possession of the land.
  2. For the friend, because the cousin did not record her deed in time.
  3. For the cousin, because she has the original deed.
  4. For the friend, because a subsequent good- faith donee has priority over a prior donee who fails to record.
  5. For the cousin, because the friend failed to first record.
  6. For the cousin, because the friend did not pay for the land.
  7. For the cousin, because the man had already given the land away before giving it to the friend.
  8. For the friend, because he was first in possession.
  9. For the friend, because he was not aware of the previous deed.
  10. For the cousin, because she was first in time and the friend was not a purchaser.

src

ori_mmlu-professional_law

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