Sweeney v. Sweeney
|Sweeney v. Sweeney|
|Court||Connecticut Supreme Court|
|Date decided||March 6, 1940|
Maurice Sweeney owned a farm in Connecticut. He & his brother John operated a tavern there.
In 1937, the 2 brothers went to the town clerk to record 2 deeds:
- 1st deed conveyed the tavern to John & was recorded
- 2nd deed conveyed the farm to Maurice & wasn't recorded.
Maurice Sweeney owned & operated the farm until his death in September 1938.
Upon the death of Maurice Sweeney, his estranged wife who had been named administrator of his estate suddenly showed up & filed a suit to quiet action over the farm.The transfer of the farm title to Maurice Sweeney stipulated that John must pre-decease Maurice in order for the farm transfer to take place.
1. Does a signed attestation clause in a deed prove that the deed was delivered?2. Does attaching a condition to a deed void the transfer of title?
A signed attestation of deed is enough.Conditional delivery of deed may be made by placing the deed in the hands of a 3rd party.