SMITH v. SIECHERT

No. 50549.

113 N.W.2d 699 (1962)

Mitchell S. SMITH, Appellant, v. Sylvia L. SIECHERT and William Siechert, Wife and Husband, Appellees.

Supreme Court of Iowa.

March 6, 1962.


Attorney(s) appearing for the Case

L. D. Dennis and Robert C. Nelson, Cedar Rapids, for appellant.

Thomas M. Collins, Cedar Rapids, for appellees.


THORNTON, Justice.

This is an action to quiet title. The question presented is, does plaintiff's evidence overcome the presumption of valid delivery of a duly executed and recorded deed? The trial court held it did not and dismissed plaintiff's petition. We agree.

Plaintiff, age 81, brings this action against his daughter, Sylvia, age 52, and her husband. It is his claim the deed was taken without his permission and recorded.

If there are any undisputed...

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