This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
Sweeney v. Sweeney: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
| Line 7: | Line 7: | ||
In 1937, the 2 brothers went to the town clerk to record 2 deeds: | In 1937, the 2 brothers went to the town clerk to record 2 deeds: | ||
*1st deed conveyed the tavern to John & was recorded | *1st deed conveyed the tavern to John & was recorded | ||
| Line 12: | Line 13: | ||
Maurice Sweeney owned & operated the farm until his death in September 1938. | Maurice Sweeney owned & operated the farm until his death in September 1938. | ||
Upon the death of Maurice Sweeney, his estranged wife who had been named administrator of his estate suddenly showed up & filed a suit to quiet action over the farm. | |||
The transfer of the farm title to Maurice Sweeney stipulated that John must pre-decease Maurice in order for the farm transfer to take place. | |||
|procedural_history=John Sweeney wins in the trial court; the deed wasn't delivered to Maurice Sweeney & his widowed wife Maria loses. | |||
|issues=1. Does a signed attestation clause in a deed prove that the deed was delivered? | |||
2. Does attaching a condition to a deed void the transfer of title? | |||
|holding=A signed attestation of deed is enough. | |||
Conditional delivery of deed may be made by placing the deed in the hands of a 3rd party. | |||
|rule=To convey land by deed, a grantor must intend to pass immediate & present title of the land to a grantee. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://casetext.com/case/sweeney-v-sweeney-40 | |link=https://casetext.com/case/sweeney-v-sweeney-40 | ||
Revision as of 13:19, April 17, 2023
| Sweeney v. Sweeney | |
| Court | Connecticut Supreme Court |
|---|---|
| Citation | |
| Date decided | March 6, 1940 |
Facts
Maurice Sweeney owned a farm in Connecticut. He & his brother John operated a tavern there.
In 1937, the 2 brothers went to the town clerk to record 2 deeds:
- 1st deed conveyed the tavern to John & was recorded
- 2nd deed conveyed the farm to Maurice & wasn't recorded.
Maurice Sweeney owned & operated the farm until his death in September 1938.
Upon the death of Maurice Sweeney, his estranged wife who had been named administrator of his estate suddenly showed up & filed a suit to quiet action over the farm.
The transfer of the farm title to Maurice Sweeney stipulated that John must pre-decease Maurice in order for the farm transfer to take place.Procedural History
John Sweeney wins in the trial court; the deed wasn't delivered to Maurice Sweeney & his widowed wife Maria loses.
Issues
1. Does a signed attestation clause in a deed prove that the deed was delivered?
2. Does attaching a condition to a deed void the transfer of title?Holding
A signed attestation of deed is enough.
Conditional delivery of deed may be made by placing the deed in the hands of a 3rd party.Rule
To convey land by deed, a grantor must intend to pass immediate & present title of the land to a grantee.
