For Your Data Lenhart V. Desmond Representative Brief

Lenhart v. Desmond illustration brief summary
705 P.2d 338 (1985)

CASE SYNOPSIS

Appellant transferee sought review of the judgment of the District Court of Laramie County (Wyoming), which entered judgment after a bench lawsuit inwards favor of appellee transferor inwards the transferor's activity seeking to invalidate a deed transferring property.

CASE FACTS
The transferor executed a deed to his identify to the transferee, his daughter, in addition to placed the deed inwards a security deposit box. The transferor gave the transferee access to the deed through a signature card. Thereafter, the transferor was injured, in addition to the transferee returned habitation to attention for the transferor in addition to retrieved roughly insurance policies from the security deposit box. The transferor afterwards discovered the deed, which had been recorded, missing from the security deposit box. The transferor filed an activity seeking to cause got the deed declared invalid, in addition to the transferee counterclaimed, seeking a proclamation that the deed was a valid gift of property.

PROCEDURAL HISTORY
The lawsuit courtroom establish inwards favor of the transferor in addition to the transferee sought review.

DISCUSSION

The courtroom held that, accepting the prove of the transferor equally true, in addition to rejecting conflicting prove seat on past times the transferee, at that spot was sufficient prove to rebut the presumption of delivery of the deed, noting that at that spot was testimony that the transferor did non intend a acquaint transfer of ownership of the property.
The courtroom noted that the failure of intent likewise defeated the transferee's claim of constructive delivery.

CONCLUSION
The courtroom affirmed the judgment of the lawsuit court.

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