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Property Law Keyed to Cribbet
Womack v. Stegner
Facts
The Plaintiff claimed title in a suit in trespass to try title where he had received from his deceased brother, W.B. Womack, a deed conveying land in which the grantee’s name was left blank. W.B. Womack died testate and under his will the property would have passed to his wife, Louise Womack. Louise Womack died prior to the filing of this suit and under her will the property in question would have passed to her brother, the Defendant. Plaintiff testified that when his late brother delivered the blank deed to him, his brother stated that he, or anyone he desired, could be filled in on the blank. The testimony also showed that there was no consideration for the deed; that it was a gift. The trial court instructed a verdict against Plaintiff and Plaintiff appealed.
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