Supreme Court of Kansas
1 Am.St.Rep. 237 (1887)
Francis French owned a parcel of real property. Francis French wrote a letter addressed to his brother, Dudley French, stating that, unless he first sold the property, he intended to prepare a deed granting the property to Dudley and to place the deed in an envelope with instructions that it should be mailed and recorded upon his death. The letter and executed deed were discovered shortly before Francis French died. The letter and deed were delivered to Dudley French shortly after Francis died. Dudley French recorded the deed and moved into possession of the property. Dudley French later executed a warranty deed and sold the property to his brother in law, John Stone (defendant). An action to partition the property was commenced naming seven of the heirs of Francis French (plaintiffs), including Dudley French, as plaintiffs. The trial court concluded that Francis French had never made valid delivery of his deed to Dudley French and ordered the property partitioned. John Stone appealed.
Rule of Law
Holding and Reasoning (Valentine, J.)
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