Merry v. County Board Of Education Of Jefferson County

264 Ala. 411, 87 So.2d 821 (1956)

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Nature of the Case

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Facts

Sendecor executed a deed to The Board of Education of Jefferson County (D). She gave it to her attorney to deliver if D accepted her written offer for the sale of land. Sendecor died. D, unaware of her death, voted to accept the offer and the deed was delivered by the attorneys. Merry (P), Sendecor's executor, sued to cancel the deed, claiming that it was never delivered because it did not occur before Sendecor's death. D demurred, and the trial court overruled that demurrer. D appealed.