Allen v. Leet

The action is one in partition and the respective rights of the parties depend upon a decision as to whether a paper purporting to be a deed is valid as a deed so as to transfer title to the grantees therein named. The purported deed was signed by *663William L. Allen and placed by him in the hands of one George Palmer with certain instructions as to its delivery. There was not any legal consideration for the deed; and, if the grantees were to receive anything under it, it was as a gift.

The instrument is attacked upon the ground that the party before whom the acknowledgment was taken was not…