Lenhart v. Desmond

705 P.2d 338 (1985)

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Nature of the Case

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Facts

Desmond executed a warranty deed to his daughter Elizabeth (D). The deed was executed and placed in his safety deposit box. D was informed of Desmond's desire regarding the house. D was given access to the safety deposit box through the signature card. Desmond was injured in an auto accident. Eventually when he became well he found the deed missing from the box. D recorded the deed on October 1983. This action asked that the recorded deed be declared invalid. The trial court found in favor of Desmond (P). D appealed.