Duffy

Action to quiet title to certain real estate. The complaint is in the usual form. The defendant filed an answer and cross-complaint, in which she denied the execution and delivery of the deed under which the plaintiffs claim title, and as an affirmative defense alleged that at the time of the delivery Martin Duffy, the grantor therein, being possessed of real property of the value of about thirty-five thousand dollars, was desirous of arranging his affairs so that while he lived the property would remain his and be subject to his control, but that if he died without making further disposition thereof it would appear to have been deeded to the plaintiffs, his brother and sister, and they would inherit the same without the necessity of probating his estate, and that it was for this purpose that he executed the instrument in question; that Martin believed that the delivery of said deed would not divest him of his estate in the property, and he did not so intend to divest himself of title nor to invest plaintiffs with the same, but to exercise a right of recall at any time he saw fit; that Mary Duffy, one of the grantees named in said deed, promised to return the property therein…