Smith v. Siechert

This is an action to quiet title. The question presented is, does plaintiff’s evidence overcome the presumption of valid delivery of a duly executed and recorded deed! The trial court held it did not and dismissed plaintiff’s petition. We agree.

Plaintiff, age 81, brings this action against his daughter, Sylvia, age 52, and her husband. It is his claim the deed was taken without his permission and recorded.

If there are any undisputed facts in the record, they and inferences to be drawn therefrom are as follows. Plaintiff and his wife, Ettie, had owned and occupied their home in question here…