Sharpe v. Smith

NOBLE, Justice.

In an action for declaratory judgment, the plaintiff asks the court’s construction of a warranty deed as to whether plaintiff has title to an undivided one-fourth interest or a one-seventh interest to a house and lot in Las Cruces, and to declare the interests of the respective parties.

Anne Stephenson, who was 90 years of age, was the owner of the property which she occupied as her home with her sister who was 80 years of age. On May 3, 1955, Anne Stephenson executed a deed, which was recorded, conveying her home to Leonor Stephenson Smith, in trust for herself, the grantor’s…