Osborne v. Gillenwaters

Citations

• 128 Va. 21
• 104 S.E. 578
• 1920 Va. LEXIS 90

Syllabus

<p>1. DEEDs-Delivery-Appeal and Error-Conflicting Evidence-Case at Bar.-A mother deeded a tract of land to her son. In a suit to subject the land to a lien on a judgment against the son, respondents contended that there was no manual or other transmission of the deed by the grantor; that possession was retained by the mother upon an understanding that she would deliver the same, provided that her soa would quit drinking; that there was no valuable consideration moving from the son to the mother, entitling him to demand the delivery of the deed. Hence, upon the failure of the son to meet the conditions imposed by his mother, the mother was free to do as she pleased with the land, and that after the institution of the suit she had deeded the land to her son's wife. On the other hand, it was contended that the defense that the mother had retained the deed was a makeshift and an afterthought, and that it was an ordinary case in which acknowledgment of the deed was followed by delivery to the grantee, thereby closing and making complete the transaction. The deed while in the mother's possession had been accidentally destroyed by fire. The evidence was conflicting, and the case turned upon the credence to be extended to the witnesses, and the weight proper to be given to admitted facts.</p> <p>Held: That it could not be said that the decree of the circuit court subjecting the tract to the lien of the judgment against the son was plainly wrong, or without evidence to support it; hence, it must be affirmed.</p> <p>2. APPEAL AND ERROR-Weight Attached `to Decree of Circuit Court. -The decree of a circuit court is always entitled to respect, and there is always a presumption in its favor.</p>