Witt v. Neal

MONTGOMERY, Judge.

The principal question in this case is whether a deed dated July 1, 1925, and acknowledged March 1, 1928, was delivered by Chilton Neal, now deceased, to his daughter, Edda Mae Witt. A secondary question is whether the testimony of Edda Mae Witt and her husband, Miller Witt, concerning the delivery of the deed was competent.

This is an action brought by the widow and other children of Chilton Neal, deceased, against Edda Mae Witt and Miller Witt for the cancellation of the deed. The lower court held there was no competent evidence of a delivery of the deed and adjudged that…