Sweeney v. Sweeney

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.

John Sweeney wins in the trial court; the deed wasn't delivered to Maurice Sweeney & his widowed wife Maria loses.

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?

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.

To convey land by deed, a grantor must intend to pass immediate & present title of the land to a grantee.