Staats v. Staats

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to set aside a deed which purported to convey certain lands to the defendants. The deed was recorded some thirteen years after its execution. Whether there had been a valid delivery of it was the vital question in this lawsuit.

*809On the issues joined, the trial court held that there had been no delivery, and judgment was accordingly awarded to plaintiff.

Defendants appeal, urging several errors, the most important of which was the overruling of their demurrer to plaintiff’s evidence. A consideration of this point will…