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Property Keyed to Sprankling
Rosengrant v. Rosengrant
Citation:
629 P.2d 800 (Okla. Civ. App. 1981)Facts
Harold and Mildred Rosengrant were a retired couple living on a farm in Oklahoma. Their nephew, Defendant Jay Rosengrant, helped them with their chores and during their illness. On July 23, 1972, Harold, Mildred, and Jay met Harold’s banker, J. E. Vanlandengham, at the Merchans Bank. Harold and Mildred informed Jay that they wanted to give him the farm, but they wanted Jay to leave the deed at the bank with Mr. Vanlandengham, and to only record the deed after they died. Harold personally handed the deed to Jay to “make this legal.” Jay accepted the deed and handed back to the banker, who put the deed in an envelope, which said “J. W. Rosengrant- or Harold H. Rosengrant.” Harold and Mildred continued to occupy the farm. Harold died on January 28, 1978. A couple days later, Jay retrieved the envelope containing the deed and recorded the deed. Other Rosengrant family members filed a petition to cancel and set aside the deed, alleging that the deed was void for never having been legally delivered.
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Topic Resources
Topic Outline
The Land Sale Contract and Marketable TitleTopic Refresher Course
Land Sale Contract and Marketable Title