Lindsey v. Christian

This case centers upon the validity of a deed executed by C. E. Lindsey. The litigants pleaded all relevant facts so that the point of law could be raised by demurrer to the answer. The effect of the chancellor’s action in overruling this demurrer was to hold the deed valid.

In 1939 Lindsey conveyed three residential lots to the appellee, the deed reciting, “This deed is not to be effective until death of grantor.” The instrument was delivered to the appellee and retained by her until Lindsey’s death in 1952. Lindsey’s heirs then brought this suit to cancel the conveyance upon the theory that…