Collins

The appellant sued to quiet her title in a five-acre tract of land which she claims to have inherited from her mother. The appeal is from an order dismissing her amended petition. The question to be determined is the sufficiency of the bill to warrant the granting of any relief.

Following are the material averments of this extraordinarily prolix and turgid pleading, occupying as it does some fifteen pages of the printed record. In 1909 Julia Mosher and Hattie L. Mosher, respectively the mother and grandmother of appellant, each executed and acknowledged a deed to the other, in form of general warranty, for the recited consideration of the sum of $10. The deed of Julia Mosher covered the tract which is the subject-matter of the suit. The deed of Hattie L. Mosher was for other property. It is alleged that these deeds were never effectually delivered, but that the two instruments were by the grantors placed in a safety deposit box in a bank in Phcenix, this box being registered in the names of the two women. Each had a key to the box and each without the other might obtain access thereto. These deeds were left in the box with the agreement and understanding that in the contingency…