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· 3/30/1921

Kempf v. Michelbach

Citations

  • 115 Wash. 193
  • 196 P. 661
  • 1921 Wash. LEXIS 714

Syllabus

<p>Deeds (21)—Delivery—Effect—Return by Grantee. The surrender of an unrecorded deed to the grantors with an agreement for its destruction does not effect a reconveyance of title from the grantee to his grantors.</p> <p>Same (21).- A grantee who voluntarily surrenders an unrecorded deed and procures its destruction, though he does not thereby re-convey title, places himself in a position, in view of the statute of frauds, where he cannot set up title in himself as against a subsequent grantee of the parties to whom he had surrendered his deed.</p> <p>Courts (51)—Probate Jurisdiction—Title to Property. A decree of distribution in probate does not create a title but only declares who has acquired the title of the deceased.</p>

Judges: Tolman

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