Elliott v. Hoffhine

Citations

• 97 Kan. 26
• 154 P. 225
• 1916 Kan. LEXIS 210

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deed — Valid Delivery before Death of Grantor. A father executed and acknowledged a warranty deed conveying a farm to a minor son aged nineteen years, and told the notary to keep the deed until he called for it, that he was not going to record it. Less than four weeks later, during his last illness, he directed his brother and the grantee to get the deed and record it, which they did a few days afterward and following his death. During his illness he stated that he intended the grantee to have the farm because he believed his son, who was the eldest of the children, would keep the family together and pay off an existing incumbrance. Held, sufficient to sustain a finding of the trial court that the deed was delivered.</p>