Fitzsimmons v. Raiche

BISHOP, J. pro tem.

The plaintiff in this quiet title action finds herself in a dilemma. The title to the real property in question, if we look only to the deeds which were made and delivered, was in her brother at the time of his death. That is also where it was if the intent with which the deeds were made and delivered is given effect. In either event the judgment in favor of the administrator of her brother’s estate, from which the plaintiff has appealed, should be affirmed.

There is some room in the evidence for a conflict in the inferences which might have been drawn concerning the intent…