Green

This is an action to quiet title to certain real property. The plaintiff is admittedly the owner of an undivided one-half interest. The controversy is over the remain ing one-half. The plaintiff had judgment and the defendant appeals.

The property was originally conveyed to and held by the plaintiff and the defendant’s grandfather as joint tenants. While so held the defendant’s grandfather signed and acknowledged a deed purporting to convey to the defendant a one-half interest in the property and handed it to his son, the defendant’s father, with instructions to keep it until Ms, the grandfather’s, death and then deliver it to the defendant. The father kept the deed in accordance with Ms instructions and upon the grandfather’s death, a year and a half later, had it recorded and gave it to the defendant. The defendant in the meantime was wholly unaware of the making of the deed by his grandfather, not learning of it until the day of his grandfather’s funeral. Upon the foregoing facts the plaintiff claims the whole property by the right of survivorship incident to the joint tenancy, and the defendant claims that the deed of the grandfather operated in his lifetime to sever the…