Pringle v. Broadstreet

Dissenting Opinion

Achor, J.

This is an action to cancel and set aside a deed which had been executed and recorded in connection with the exchange of properties between the parties. Since the recorded title to the real estate was in the defendant (appellee), appellee was the presumptive owner of the property1a and the burden was upon the appellant (plaintiff) to prove that he was entitled to the equitable relief sought.

Appellant in this case alleges that the deed was left with the scrivener “in escrow” for recording, but subject to instructions by him and that the deed was recorded by mistake…