Hampton v. Gilleland

Suit to partition real estate. The main questions are: The application of the dead man’s statute where the adverse party is called as a witness; the effect of delivery of a deed; and the presumptions attending the execution of a deed.

On July 16, 1921, Charles J. Hampton executed a deed naming his seven children as grantees to an 80-acre parcel of real estate in Lewis County. The deed recited a consideration of $1, and that the grantees agreed to assume a Federal Loan Bank mortgage and a second mortgage held by the State Bank of Morton. The deed further warranted that the grantor was owner in…