Sweeney v. Sweeney

Maurice Sweeney, plaintiff’s intestate, hereinafter called Maurice, deeded his farm to his brother John M. Sweeney, hereinafter called John, and the deed was recorded. John deeded the property back to Maurice. This deed is unrecorded and was accidentally burned. The question to be decided is whether the second deed was delivered and if so, whether or not a condition claimed to be attached to the delivery is operative. This must be determined on the finding. The following statement includes such changes therein as are required by the evidence:

The plaintiff is the widow and administratrix of…