Bjmerland v. Eley

Citations

• 15 Wash. 101
• 45 P. 730
• 1896 Wash. LEXIS 145

Syllabus

<p>DEED — DELIVERY — EFFECT OF RECORD BY GRANTOR — INTEREST OF MINOR HEIRS IN COMMUNITY ESTATE — SALE WITHOUT ORDER OF COURT.</p> <p>A sale by a father of his minor children’s portion of a community estate inherited from their deceased mother, when not made under order of the probate court, cannot, in an action against the children by the grantees to quiet title, be treated as having been made for the benefit of the heirs and as subject to confirmation in such action, on the theory of necessity for such sale, even though the grantees had in good faith purchased and improved the property, as the children would not be estopped by any dishonest conduct on the part of their father in making the sale.</p> <p>The recording of a deed by the grantor is a sufficient delivery to convey title where the conveyance is for the benefit of an infant, as in such case the infant will be presumed to have accepted it.</p> <p>The presumption that the recording of a deed to an infant by the grantor is evidence of his intention to convey, can be overcome only by the strongest kind of proof that the grantor’s intention in making the conveyance was to defraud existing creditors; the fact that, subsequent to the conveyance, the grantor enters into dishonest schemes to defraud others by another sale of the same land not being sufficient to affect the validity of the prior deed to the infant.</p>