Harold and Mildred Rosengrant were an older couple who owned a farm together. They had no children, but had several nieces and nephews. When Mildred became sick, their nephew Jay (defendant) came to take care of the farm. In appreciation for his help, Mildred and Harold sought to transfer their farm to him. They brought Jay to a bank where Harold handed the deed to him, which the banker said was necessary to make the transfer legal. Harold and Mildred instructed Jay to give the deed to the bank for safekeeping. They instructed Jay to record the deed upon their death. Harold and Mildred continued to live on the property. When they both died, Jay recorded the deed. However, other family members (plaintiffs) challenged the transfer of the property to Jay for failure to properly deliver the deed. The trial court agreed. Jay then appealed to the Court of Appeals of Oklahoma.