Lenhart v. Desmond

In his eighties, Desmond (plaintiff) executed a warranty deed to his daughter Elizabeth Lenhart (defendant) and placed it in a safety deposit box she had access to, intending it to pass to her upon his death; after a hospitalization, Desmond discovered the deed missing from the box, and Lenhart later recorded it, refusing to return it out of concern Desmond would mortgage the property to fund alcohol use. Desmond testified he never intended to give up title during his lifetime; the district court found no effective delivery, and Lenhart appealed.