Sparks v. Emmert
Annotate this CaseIn 2001, Kurt Heigis executed and a notary notarized a quitclaim deed purportedly conveying certain real property to Frances Emmert. Heigis personally delivered the deed to Emmert at her home and told her not to record it until “something happened to him.” In 2014, Heigis was murdered. Emmert recorded the deed one month later. Barbara Sparks, Heigis’ daughter, acting as personal representative of his state, initiated an action against Emmert to quiet title to the property, arguing that the deed was inoperative because it was never delivered. The district court granted summary judgment in favor of Emmert, concluding that the deed was legally delivered. The Supreme Court reversed, holding that an issue of material fact, whether the deed was legally delivered, existed, thus precluding summary judgment in favor of either party.
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