Lenhart v. Desmond case brief

Lenhart v. Desmond case brief summary
705 P.2d 338 (1985)

CASE SYNOPSIS

Appellant transferee sought review of the judgment of the District Court of Laramie County (Wyoming), which entered judgment after a bench trial in favor of appellee transferor in the transferor's action seeking to invalidate a deed transferring property.

CASE FACTS
The transferor executed a deed to his house to the transferee, his daughter, and placed the deed in a safety deposit box. The transferor gave the transferee access to the deed through a signature card. Thereafter, the transferor was injured, and the transferee returned home to care for the transferor and retrieved some insurance policies from the safety deposit box. The transferor later discovered the deed, which had been recorded, missing from the safety deposit box. The transferor filed an action seeking to have the deed declared invalid, and the transferee counterclaimed, seeking a declaration that the deed was a valid gift of property.

PROCEDURAL HISTORY
The trial court found in favor of the transferor and the transferee sought review.

DISCUSSION

• The court held that, accepting the evidence of the transferor as true, and rejecting conflicting evidence put on by the transferee, there was sufficient evidence to rebut the presumption of delivery of the deed, noting that there was testimony that the transferor did not intend a present transfer of ownership of the property. 
• The court noted that the failure of intent also defeated the transferee's claim of constructive delivery.

CONCLUSION
The court affirmed the judgment of the trial court.

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