Cell v. Drake

Statements of the facts of the case appear in the opinions of Ailshie, C.J., and Morgan, J.

I concur with Morgan, J., as to the statute of limitations.

It seems to me the remaining and pivotal point in this case is whether there was an irrevocable delivery of the deed by the grantor during her lifetime either to the grantee or to someone else for his benefit, intending then to pass title, though reserving possession during her lifetime. (16 Am. Jur. 516-521.)

The complaint alleged the delivery of the deed by Mrs. Sandlin to appellant. It is further alleged appellant put and kept the deed in his…