Payne v. Carver

Because we remand this cause to the trial court for clarification of its order and judgment, we set out only those facts necessary to our order.

The plaintiffs, Ferris Payne and Lora D. Payne, filed a declaratory judgment action to quiet title to 40 acres of land alleged by the plaintiffs to have been deeded to Ferris by his father and mother. The trial court, sitting without a jury, held that there had not been a legally effective delivery of the deed upon which the plaintiffs relied, and that the defendant, Ferris's sister Marjorie Payne Carver, was "a tenant in common owning an undivided…