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Property Keyed to Merrill
Gilbert v. McSpadden
Citation:
91 S.W.2d 889Facts
March 19, 1927, Mr. Gilbert and his wife executed and acknowledged deeds conveying four tracts of property between Mr. Gilbert’s three children. Mr. Gilbert continued to exercise control over the properties and did not turn over or inform his children of the deeds. December 19, 1931, Mr. Gilbert took the deeds to one of his daughters homes with the avowed purpose to deliver the deeds, he died that evening without having turned them over. The plaintiffs, McSpadden, claim title to the land by virtue of the deeds. The defendant sued claiming the deeds were not delivered, so the properties and any rent collected belong to the estate to pay debts.
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