Atchison v. Atchison

A warranty deed was executed October 15, 1914. The grantor conveyed land to his mother. He was at the time indebted to her in a substantial amount. Grantor placed the instrument in the hands of a third person. It was to be delivered to grantee by the depositary upon condition that grantor predecease his mother. That condition was fulfilled. In my opinion, the deed effectively conveyed right of posession and title to the land. Shaffer v. Smith, 53 Okla. 352, 156 P. 1188; Kay v. Walling, 98 Okla. 258, 225 P. 384; McCaw v. Hartman, 190 Okla. 264, 122 P. 2d 999.

The mere fact that grantor,…