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Property Law Keyed to Dukeminier
Sweeney v. Sweeney
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Sweeney (P) is the widow and administratrix of Maurice Sweeney. Maurice gave property by deed, duly executed and delivered, to John Sweeney. This deed was recorded. In deference to Maurice’s wish, a second deed was duly executed which gave the property back to him. This deed was not recorded, and the only motive for the deed was Maurice’s concern for the property in case he should outlive John. After a week or two, Maurice took the recorded deed to John, and the unrecorded one was also given to him in a week or two after the first. John gave the second deed to his lawyer, whose office was later involved in a fire which destroyed the deed. Maurice continued to live in the property deeded to John till he died, leasing it and generally exercising full control over it. John did not attempt to exercise possession over the property. The trial court held that there was no delivery of the title or possession of property, since there was no intention to deliver John’s deed to Maurice.
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