Legal Opinion

Mace v. Duffy

Washington Supreme Court

Decided August 16, 1905No. 5597PublishedCited by 2 opinions

Appeal from a judgment of the superior court for Kitsap county, Denney, J., entered November 2, 1904, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to compel the conveyance of real estate.

1Opinion of the CourtEullebton, J.

On September 20, 1897, one Samuel Harper, who was the owner, and in possession, of a tract of *598land, situated in Kitsap county, conveyed the same¡, “in consideration of personal esteem and friendship',” by quitclaim deed, to appellant M. Duffy. While the deed was on its face merely an ordinary deed of conveyance, without condition or reservation of any hind, it was shown at the trial— in fact it was not disputed—that the appellant took title to the property under an agreement to reconvey it to the grantor, should he return from Alaska, for which place he was then about to depart, or, in case…

2Cases cited2 opinions

  1. Shores v. HooperMassachusetts Supreme Judicial Court · 1891
  2. Costello v. BurkeSupreme Court of Iowa · 1884

3Cited by2 opinions

  1. Northport Shores v. CommissionerUnited States Board of Tax Appeals · 1935
  2. Lohse v. BurchWashington Supreme Court · 1906

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