Turner v. Mallernee

Arthur executed and had notarized a deed conveying his farm to Mildred (plaintiff) and her husband, but at the suggestion of Mildred's brother Roy (defendant), Mildred gave the unrecorded deed to Roy to hold in a safe deposit box, discussing that Roy would hold it given the possibility the farm might need to be mortgaged for Arthur's future medical expenses; Roy later burned that deed and convinced Arthur to deed the farm to himself and his wife instead, recording that new deed. Arthur died without incurring substantial medical expenses, and Mildred sued to quiet title, with the trial court finding the original 1975 deed invalid for lack of proper delivery.