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This section contains the nature of the case and procedural background.

McCain conveyed the property at issue to Anglin. The deed was recorded by Anglin in accordance with the recording statute but was not indexed properly. McCain later conveyed the same property to Lingo (D), who then conveyed it by warranty deed to Mortensen (P). Anglin threatened to evict P from the land, and P sued for breach of warranty. The recording statute directs the manner in which deeds are to be recorded.

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