Turner v. Mallernee

640 S.W.2d 517 (1982)

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Turner v. Mallernee

Missouri Court of Appeals
640 S.W.2d 517 (1982)

Facts

In 1975, Arthur Mallernee deeded a farm to Harold and Mildred Turner (plaintiffs). The deed was signed in the presence of Arthur’s attorney, Wade. After Wade notarized the deed, he handed it to Mildred in Arthur’s presence. At the suggestion of Mildred’s brother, Roy Mallernee (defendant), Mildred gave possession of the deed to Roy to be put in a safe deposit box. Roy and Mildred discussed that Roy should hold the deed due to the possibility that the farm might at some point have to be mortgaged to pay for any medical expenses incurred by Arthur. This deed was never recorded and Mildred never saw the deed again. In 1978, Roy burned the 1975 deed and convinced Arthur to deed the farm to him and his wife Thelma Mallernee (defendant). This deed was recorded. Arthur died without incurring any substantial medical expenses. Mildred brought suit to quiet title in the farm. The trial court held that the 1975 deed was never recorded and was invalid.

Rule of Law

Issue

Holding and Reasoning (Flanigan, J.)

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