Property Keyed to Saxer
Crowther v. Mower
Mr. Crowther (Plaintiff) and his wife, Nellie Crowther, owned a parcel of land as joint tenants. To ensure that her son, Mower (Defendant), received at least a one-half interest in the property, Mrs. Crowther executed a quitclaim deed and validly conveyed her interest in the parcel to Defendant. Defendant was instructed that if Mrs. Crowther predeceased her husband, Defendant should record the deed immediately. On August 9, 1991, Mrs. Crowther predeceased Plaintiff. On August 15, 1991, Defendant recorded the deed. Plaintiff sued to quiet title in the property, arguing that Defendant’s failure to record the deed before his mother’s death invalidated the conveyance, and that he acquired Mrs. Crowther’s interest by right of survivorship. The trial court granted summary judgment for Plaintiff and denied Defendant’s motion for reconsideration.
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