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.
(Created page with "{{Infobox Case Brief |court=Connecticut Supreme Court |date=March 6, 1940 |subject=Property |case_treatment=No |case_text_links={{Infobox Case Brief/Case Text Link |link=https...") |
Lost Student (talk | contribs) m (Text replacement - "|case_treatment=No " to "") |
||
(4 intermediate revisions by 2 users not shown) | |||
Line 3: | Line 3: | ||
|date=March 6, 1940 | |date=March 6, 1940 | ||
|subject=Property | |subject=Property | ||
| | |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. | |||
|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 | ||
Line 12: | Line 32: | ||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/sweeney-v-sweeney | |link=https://www.quimbee.com/cases/sweeney-v-sweeney | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}} | }} | ||
}} | }} |
Latest revision as of 03:44, July 14, 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.