This section contains the nature of the case and procedural background.

Mary Johnson made a quitclaim deed to Mary A. Johnson and left it with Charles Moies. Moies had instructions that if anything was to happen to Mary that Charles would deliver the deed to Mary A., her daughter. Charles testified that he understood Mary's instructions to mean that she retained power over the property and retained the right to recall the deed. Mary did in fact exercise dominion over the estate right up to her death. The deed was delivered to Mary A. after Mary's death, and this suit was instituted to have the deed set aside.

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