Pettis v. McLarne
Supreme Court of Minnesota
Action by Alice Yolk Pettis in the district court for Le Sueur county to recover possession of a deed from defendant Mary McLarne to plaintiff, and to decree plaintiff to be the owner in fee of the premises, subject to the life estate of defendant Mary McLarne. The answer alleged that the deed had never been delivered to plaintiff or to any other person for her use and benefit. After the death of plaintiff the administrator of her estate was substituted as plaintiff.
Read the full summary
Action by Alice Yolk Pettis in the district court for Le Sueur county to recover possession of a deed from defendant Mary McLarne to plaintiff, and to decree plaintiff to be the owner in fee of the premises, subject to the life estate of defendant Mary McLarne. The answer alleged that the deed had never been delivered to plaintiff or to any other person for her use and benefit. After the death of plaintiff the administrator of her estate was substituted as plaintiff. The case was tried before Morrison, L, who made findings and ordered judgment dismissing the action. Plaintiff’s motion for…
1Opinion of the CourtHallam, J.
Defendant Mary McLarne and a former husband signed and ac*270knowledged a deed of land owned by her, naming Alice Volk Pettis, a daughter, now deceased, as grantee, but reserving a life estate in the grantor. The case turns on the question whether the deed was ever delivered. The trial court found that it was not delivered.
It is conceded that the deed was left in the possession of a relative, Fred Volk. Plaintiff claims that it was the deceased who left the deed with Volk. If so, it may be presumed that the deed had been previously delivered to deceased by the grantor.
Defendant Mary MeLarne…
2Cases cited5 opinions
- Innes v. PotterSupreme Court of Minnesota · 1915
- Renehan v. McAvoyCourt of Appeals of Maryland · 1911
- Barnard v. ThurstonSupreme Court of Minnesota · 1902
- Dickson v. MillerSupreme Court of Minnesota · 1914
- Wortz v. WortzSupreme Court of Minnesota · 1915
3Cited by13 opinions
- Fencl v. City of Harpers FerrySupreme Court of Iowa · 2000
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
- Sioux City v. JohnsonSupreme Court of Iowa · 1969
- Tomlinson v. Kandiyohi County BankSupreme Court of Minnesota · 1925
8 more not listed; retrieve them via the Exa API.