Eves v. Roberts

Citations

• 96 Wash. 99
• 164 P. 915
• 1917 Wash. LEXIS 898

Syllabus

<p>Deeds — Delivery—Presumption Prom Possession — Husband and Wife. Where husband and wife simultaneously executed deeds of ■property to each other, with intent to pass the title to the survivor only upon the death of one of them, there is no presumption of delivery from the fact of possession of the deed, but actual delivery with intent to make the deed presently operative must be shown in order to pass title, as against heirs.</p> <p>Equity — Laches — Statute of Limitations. The doctrine of equitable laches will not defeat an action by heirs to set aside a deed which was intended to defeat the statute of wills, and void for want of delivery, where the action was brought within three years after the heirs became of age and within the statutory period prescribed by Rem. Code, § 158.</p>