Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
23. For whom should the court hold?
A landowner executed an instrument in the proper form of a deed, purporting to convey his land to a friend. The landowner handed the instrument to the friend, saying, «This is yours, but please do not record it until after I am dead. Otherwise, it will cause me no end of trouble with my relatives.» Two days later, the landowner asked the friend to return the deed to him because he had decided that he should devise the land to the friend by will rather than by deed. The friend said that he would destroy the deed and a day or so later falsely told the landowner that the deed had been destroyed. Six months ago, the landowner, who had never executed a will, died intestate, survived by a daughter as his sole heir. The day after the landowner's death, the friend recorded the deed from him. As soon as the daughter discovered this recording and the friend's claim to the land, she brought an appropriate action against the friend to quiet title to the land.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. The deed to the friend was valid because it was in the proper form and was delivered to him. Delivery occurred at the time the landowner handed the deed to the friend. At that time the landowner was competent. The friend's subsequent recording of the deed had no effect on the deed's validity.
B is incorrect. The deed to the friend was valid because it was in the proper form and was delivered to him. Delivery occurred at the time the deed was handed to the friend with the words «This is yours.» The subsequent misrepresentation that the friend made that he had destroyed the deed had no effect on the prior valid delivery.
D is incorrect. Recording a document has no effect on its validity. In this case, the deed to the friend was valid because it was in the proper form and was delivered to him. His subsequent recording of the deed had no effect on his claim of ownership, although recording will now provide constructive notice of his ownership.