85 P. 483 | Ariz. | 1906
Lead Opinion
Appellant, Peter L. Hutton, as administrator of the estate of A. T. Bpley, deceased, brought suit in the district court of Gila County against John J. Cramer, appellee, to quiet the title to the Gem mining claim situate in the Globe mining district of said county. The ease was heard by the court without a jury, and a judgment entered for the appellee quieting the.latter’s title to said mine in accordance with the prayer of his cross-complaint. From this judgment the appeal is taken.
The facts, as disclosed by the record, are these: In 1903 A. T. Epley was the owner of the Gem mining claim. Being a man of advanced years and somewhat .feeble, he proposed to Cramer if the latter would agree to take care of him during his lifetime, to so arrange his affairs that Cramer should have the Gem mine and his other property upon his death. This Cramer agreed to do. In November, 1903, Epley met Cramer in the town of Globe, and said to him: “Mr. Cramer, I have the papers made out, and I would like to go and deposit these papers in your box in the First National Bank.” Cramer then accompanied Epley to the bank and introduced him to the cashier, and asked the latter to hand him his private bank box. Upon receiving the box Cramer and Epley withdrew to a private room, whereupon Epley placed in the box an envelope with Cramer’s name written thereon, and remarked at the time to Cramer: “This contains what I am going to give you after I am dead; keep that here until I am dead.” The box was then closed and returned to the cashier. Before leaving the bank Cramer requested the cashier to put Epley’s name on the box with his own name and to give Epley access to it at any time he might desire. The box was not thereafter opened until after Epley’s death, which occurred in 1904. After this transaction at the bank Cramer assumed control of the property with the knowledge of Epley, and did or caused to be, done the assessment work on the claim. After Epley’s death Cramer opened the box at the bank and took out the envelope placed therein by Epley, and found therein a deed made out to him by Epley of the Gem mining claim which he at once placed of record. He also found with the deed, inclosed in the envelope, a paper which read as follows: “Notice. 'To all whom it may concern: I, A. T. Epley, of the town of Globe, county of Gila,
It is evident from the facts above stated that Epley intended, by depositing the deed in Cramer’s bank box, to part with its possession, and it is likewise evident from his declarations and subsequent conduct that he had no intention of reserving the power of recalling the deed. It is true that the circumstances show that he could have regained possession of the deed had he so chosen. The arrangement made with the cashier of the bank granting Epley permission to have access at any time to the box and the papers therein was made by Cramer, and was not made through any suggestion or request coming from Epley. Nothing in his acts or in his written notice accompanying the deed negatives the view taken by the trial court in its findings that Epley intended irrevocably to place the deed in the
Whichever view be taken, therefore, the trial court was right in its conclusion of law that the title to the mine in question vested in appellee, and the judgment must therefore be affirmed.
Dissenting Opinion
I dissent from this opinion. Whether the instrument in question was delivered, is a matter of Epley’s intent. Epley told Cramer that if Cramer would take care of him during his life, Cramer should have the mine upon Epley’s death. Later Epley said to Cramer, “I have the papers made out, and would like to deposit them in your