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Crowther v. Mower

Court of Appeals of Utah
876 P.2d 876 (1994)


Facts

Mr. Crowther (plaintiff) and his wife, Nellie Crowther, owned a parcel of land as joint tenants. To ensure that her son, Mower (defendant), received at least a one-half interest in the property, Mrs. Crowther executed a quitclaim deed and validly conveyed her interest in the parcel to Mower. Mower was instructed that if Mrs. Crowther predeceased her husband, Mower should record the deed immediately. On August 9, 1991, Mrs. Crowther predeceased Mr. Crowther. On August 15, 1991, Mower recorded the deed. Mr. Crowther filed suit to quiet title in the property, arguing that Mower’s failure to record the deed before his mother’s death invalidated the conveyance, and that he acquired Mrs. Crowther’s interest by right of survivorship. The trial court granted summary judgment for Mr. Crowther and denied Mower’s motion for reconsideration.

Rule of Law

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Issue

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Holding and Reasoning (Davis, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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