McCelvey v. McCelvey

JAMES, Chief Justice.

Conclusions of Fact.—John McCelvey died February 20, 1888, leaving a will devising the property in controversy to appellants. On August 23, 1887, he signed a deed to certain property including the 240 acres now in controversy, which was not. proven for record or recorded until after his death on February 27, 1888. The testimony was conflicting as to whether or not this deed, had ever been delivered, and the district judge found that there had been no delivery, nor payment of any consideration. A temporary administration was taken out by H. W. McCelvey, after which, in…