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Sweeney v. Sweeney
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Sweeney v. Sweeney | |
Court | Connecticut Supreme Court |
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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.
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