For Your Data Williams V. Cole Illustration Brief
August 31, 2019
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Williams v. Cole representative brief summary
760 S.W.2d 944 (1988)
CASE FACTS
The sister, nieces, in addition to nephews of the deceased brought an activity against the grantee to railroad train aside a deed on the solid soil that it was never delivered to the grantee.
PROCEDURAL HISTORY
The case courtroom ruled inwards favor of the grantee. The sister, nieces, in addition to nephews of the deceased appealed, contending that the undisputed prove that the deed was unrecorded in addition to inwards the grantor's possession at the fourth dimension of his expiry raised a presumption of non-delivery in addition to shifted the burden of stance to the grantee.
DISCUSSION
CONCLUSION
The courtroom reversed the case court's judgment, which had ruled inwards favor of the grantee inwards an activity past times the sister, nieces, in addition to nephews to railroad train aside a deed, in addition to remanded the representative to the case courtroom amongst directions to railroad train aside the deed.
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760 S.W.2d 944 (1988)
CASE SYNOPSIS
Plaintiffs, sister, nieces, in addition to nephews of the deceased, appealed a judgment from the Circuit Court of Wright County (Missouri), which ruled inwards favor of accused grantee inwards an activity past times the sister, nieces, in addition to nephews to railroad train aside a deed on the solid soil that it was never delivered to the grantee.CASE FACTS
The sister, nieces, in addition to nephews of the deceased brought an activity against the grantee to railroad train aside a deed on the solid soil that it was never delivered to the grantee.
PROCEDURAL HISTORY
The case courtroom ruled inwards favor of the grantee. The sister, nieces, in addition to nephews of the deceased appealed, contending that the undisputed prove that the deed was unrecorded in addition to inwards the grantor's possession at the fourth dimension of his expiry raised a presumption of non-delivery in addition to shifted the burden of stance to the grantee.
DISCUSSION
- On appeal, the courtroom held that the prove was exactly insufficient to rebut the presumption of nondelivery.
- The grantee admitted that he had never seen the deed earlier he "picked it up" at the grantor's family later the grantor's death.
- The grantee never saw the metallic box inwards which the grantor kept his valuable papers.
- The grantor never showed the deed to the grantee.
- The grantor retained possession of the deed, without recording it, until his death.
- He did non house the deed inwards the custody of a 3rd person, amongst directions to deliver it to the grantee.
CONCLUSION
The courtroom reversed the case court's judgment, which had ruled inwards favor of the grantee inwards an activity past times the sister, nieces, in addition to nephews to railroad train aside a deed, in addition to remanded the representative to the case courtroom amongst directions to railroad train aside the deed.
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