97 Wash. 437 | Wash. | 1917
The plaintiff, Oma Rhines, seeks recovery of possession of certain real property in the city of Tacoma from the defendants William B. Young and others and also to be adjudged the owner thereof as against the claims of the defendants. Trial in the superior court for Pierce county resulted in findings and judgment in favor of the defendants, from which the plaintiff has appealed to this court.
On November 19, 1909, Mrs. Anna Farrell, the grandmother of appellant, was the owner, in her own right as her separate property, of the real property here in question. On that day she caused to be prepared by her attorney, Mr. C. M. Riddell, a deed absolute in form purporting to convey the property to appellant. This deed was then signed and acknowledged by her and left with Mr. Riddell with instructions, as he claims to have understood her, to deliver it to appellant upon the death of Anna Farrell and when satisfac
In view of our conclusion touching the question of fact as to the intent of Mrs. Farrell in leaving the deed with Mr. Riddell, the law of the case seems plain. No claim is here made that the signing and acknowledging of the deed and the leaving of it with Mr. Riddell by Mrs. Farrell constituted a valid testamentary disposition of the property therein described. Indeed, no such claim could be successfully made,
“The rule sustained by the great weight of authority is that the grantor must not only deliver the deed to a third person for the benefit of the grantee ultimately, and in some way express his intention to that effect, but must also part both with the possession of the deed and with all dominion and control over it.”
Our own decisions are in harmony with this rule. Meikle v. Cloquet, 44 Wash. 513, 87 Pac. 841; Maxwell v. Harper, 51 Wash. 351, 98 Pac. 756. See note to Munro v. Bowles, 54 L. R. A. 872. We deem it unnecessary to further discuss the law of the case. The real question here involved is, in its last analysis, one of fact, to wit, What was the intention of Mrs. Farrell in signing, acknowledging, and leaving the deed with Mr. Riddell?
The judgment is affirmed.
Mount, Main, Holcomb, Fullerton, Morris, and Chadwick, JJ., concur.
Ellis, C. J., took no part.