Stahmer

Plaintiff sued to quiet title to certain real property and defendant had judgment. Plaintiff appeals on typewritten transcripts.

The parties are both sons of Mrs. Auguste Stahmer, deceased, who, in August, 1918, executed her deed of gift conveying her property to plaintiff. This deed she delivered to a third person with written instructions to deliver it to plaintiff upon her death. In October, 1926, the mother executed another deed conveying the same property to defendant in consideration of a written contract wherein defendant undertook to care for his mother during the remainder of her life and to pay a fixed sum monthly to another brother. This deed was recorded on the day of its execution. Mrs. Stahmer died April 15, 1929, and thereafter plaintiff recorded his deed.

When the cause was called for hearing each counsel stated his version of the issues—the plaintiff predicating his case on whether the defendant was an innocent purchaser for value and whether plaintiff was estopped to assert his rights under his deed; the defendant adding that the knowledge of the defendant and the consideration he paid the grantor were also in issue. The trial court found that the plaintiff was…