Dennen v. Searle

In 1941 Mary Searle conveyed a tract of land in Connecticut to her four children as tenants in common. In 1948 the children drew up an agreement redesignating various rights and interests in Mary’s property. On May 10, 1953, Elbert Searle, one of Mary’s children, died intestate, thereby leaving his estate, including his interest in the property, to his wife Mildred Searle (defendant) and their two children. On May 19, 1953, the 1948 agreement was recorded. Mary’s three remaining children, Rena Dennen, Ralph Searle, and Inez Searle (collectively, the children) (plaintiffs), filed an action to quiet title against Mildred. The children alleged that the 1948 agreement was a valid deed and should be the sole authority in determining each party’s respective rights to the land. The children also asserted that any purported deficiency would have been cured by subsequent validating acts, specifically, the recording of the 1948 agreement in 1953. Mildred claimed that the 1948 agreement was not a deed, and even if it were, it should be declared inoperative for lack of seal. Moreover, Mildred asserted that the agreement’s deficiency could not be cured because her right to Elbert’s estate, including her right to the property, vested at the time of Elbert’s death, which occurred nine days before the 1948 deed was recorded. The lower court found in favor of the children. The court reached this determination on the basis that as an heir, Mildred did not hold any rights greater than those of Elbert and that Elbert would have had no valid reason to contest the recording of the agreement. Mildred appealed this determination.