Flynn v. Flynn
Idaho Supreme Court
APPEAL from tbe District Court of tbe First 'Judicial District, for Sbosbone County. Hon. W. W. Woods, Judge. Action to set aside a deed conveying certain interests in mining claims. Judgment for plaintiff. “Tbe real test of delivery is tbis: ‘Did tbe grantor, by bis acts or words, or both, intend to devest bimself of title 1’ If so, the' deed is delivered.” (9 Am. & Eng.
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APPEAL from tbe District Court of tbe First 'Judicial District, for Sbosbone County. Hon. W. W. Woods, Judge. Action to set aside a deed conveying certain interests in mining claims. Judgment for plaintiff. “Tbe real test of delivery is tbis: ‘Did tbe grantor, by bis acts or words, or both, intend to devest bimself of title 1’ If so, the' deed is delivered.” (9 Am. & Eng. Ency. of Law, 154; Doty v. Barker (Kan.), 97 Pae. 965; Creveling v. Banta, 138 Iowa, 47,115 N. W. 600; Eneeland v. Cowperthwaite, 138 Iowa, 193, 115 N. W. 1026.) “Acts and declarations of the grantor and grantee which, in…
1Opinion of the CourtSullivan, C. J.
— This is an action brought by Terrence Flynn and others against Thomas Flynn and others, for the purpose of having a certain deed, executed by Charles Flynn in favor of Thomas and William P. Flynn, dated August 24, 1901, conveying to said grantees an undivided interest in seven mining claims situated in Lalande mining district, Shoshone county, Idaho, declared void.
This action was begun by the plaintiffs, who are respondents here, on May 31, 1906, alleging that the grantor was weakened in body and mind to such an extent as to unfit him for the transaction of business at the date of making…
2Cases cited18 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Standiford v. StandifordSupreme Court of Missouri · 1888
- White v. WattsSupreme Court of Iowa · 1902
- Creveling v. BantaSupreme Court of Iowa · 1908
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crenshaw v. CrenshawIdaho Supreme Court · 1948
- Claunch v. WhyteIdaho Supreme Court · 1952
- Huff v. HuffIdaho Supreme Court · 1911
- Williams v. WilliamsIdaho Supreme Court · 1960
- Johnson v. CraigSupreme Court of Oklahoma · 1913
9 more not listed; retrieve them via the Exa API.