Legal Opinion · Dissent

Nelson v. Nelson

South Dakota Supreme Court

Decided June 18, 1980No. 12811Published

1DissentFosheim, Justice

It appears from the uncontroverted evidence that in the fall of 1964, the decedent handed a deed to Lester Nelson stating: “I have drawn this document for you and your brothers and sisters and want you to have it.” That was an unconditional expression of intent which could hardly be stated in more certain terms. The law indulges in a presumption of acceptance of deeds when the grant creates no obligation or burden upon the grantee and is beneficial to him. Arnegaard v. Arnegaard, 7 N.D. 475, 75 *468N.W. 797 (1898); 23 Am.Jur.2d Deeds § 132 (1965). Manual transfer is the simplest mode of…

2Cases cited15 opinions

  1. Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
  2. Hitz v. National Metropolitan BankSupreme Court of the United States · 1884
  3. Parceluk v. KnudtsonNorth Dakota Supreme Court · 1966
  4. Creighton v. ElginIllinois Supreme Court · 1944
  5. Pass v. StephensArizona Supreme Court · 1921

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API