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

Maurice, Sweeney's (P) intestate, deeded his farm to his brother, John (D). The deed was recorded. D then deeded the farm back to Maurice, but this deed was unrecorded and was later accidentally burned. The purpose of the two deeds was to protect Maurice in the event that D died before him. Maurice wanted to ensure that he got the property back, but wanted D to have the property if D survived Maurice. Maurice continued to occupy the property, pay charges, and exercise full dominion over it until his death. Upon Maurice’s death, his estranged wife (P) laid claim to the property. She had not lived with Maurice for the twenty years preceding his death. The trial court held that there was no intention to deliver D's deed to Maurice, and there was no delivery or acceptance. P appealed.

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