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Property Law Keyed to Dukeminier
Sweeney, Administratrix v. Sweeney
Facts
The Plaintiff is also the Administratix in this suit. Mr. Sweeney, the Plaintiff’s husband deeded his farm to his brother the Defendant. The deed was recorded. At the same time, the Defendant deeded the property back to Mr. Sweeney, which Mr. Sweeney planned to record if the Defendant predeceased Mr. Sweeney. Until his death, the decedent managed and exercised full control over the land. The deed that conveyed the land back to the decedent was held by the Defendant, was unrecorded and later was accidentally burned. Plaintiff filed suit to quiet title to the land. The trial court concluded that the second deed was only meant to operate upon the Defendant’s death and found for the Defendant. Plaintiff appealed.
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