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• Title: Springhorn v. Springer Et Al.
• Author : Supreme Court of Montana
• Release Date : January 28, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Real Property ? Fraudulent Conveyances ? Deed ? Non-delivery ? Presumptions. Appeal and Error ? Conflict in Evidence ? Judgment Conclusive. 1. Where there is a substantial conflict in the evidence, the judgment will not be disturbed on appeal on the alleged ground of insufficiency of the evidence to sustain it. Fraudulent Conveyances ? Delivery of Deed Essential to Vestiture of Title in Grantee. 2. Delivery of a deed to real property, either actual or constructive, by which the grantor is divested of title and loses control over the property beyond the right of recall, is essential to a vestiture of title in the grantee. Same ? Delivery of Deed ? Presumption not Conclusive. 3. The presumption declared by section 6844, Revised Codes of 1921, that a grant duly executed is presumed to have been delivered at its date, arising from the certificate of acknowledgment, is not conclusive, but may be overcome by other facts and circumstances, such as that the grantor remained in possession and control of the property for many years and up to the time of its recordation, that after recordation it was returned to him, etc. Same ? Possession of Deed by Grantor Raises Presumption of Non-delivery. 4. The possession of a deed by the grantor long subsequent to its date and before recordation raises a presumption that it had not been delivered, and the burden rests upon the grantee to overcome the presumption by satisfactory evidence showing a delivery. Same ? Deed from Husband to Wife ? Presumption of Non-delivery ? Evidence of Defendant ? Insufficiency. 5. In an action by the receiver of a bank (judgment creditor) to set aside a conveyance from husband to wife as fraudulent, plaintiff had made out a prima facie case by showing that the grantor for over eleven years after the date of execution of the deed remained in possession and control of the property until after an assessment on his bank stock had been made, whereupon he had it recorded, the instrument being returned to him. Defendants did not - Page 295 introduce any evidence to overcome the presumption of non-delivery arising from possession of the deed by the grantor. Held, that judgment in favor of defendants was erroneous.

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