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MAY v. McCORMICK BY AND THROUGH SWALLOW

No. 84-289.

704 P.2d 709 (1985)

Marie B. MAY, Appellant (Defendant), v. Roy McCORMICK, By and Through Laurence SWALLOW, Guardian of the person and estate of Roy McCormick, Incompetent, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 13, 1985.

Attorney(s) appearing for the Case

Robert M. Seipt and Steven M. Avery, Riverton, for appellant.

D.N. Sherard, Stephen N. Sherard and Rex E. Johnson, of Sherard, Sherard & Johnson, Wheatland, for appellee.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.

BROWN, Justice.

Appellant was given physical possession of a deed from her stepfather, which she recorded. The deed purported to vest title in the stepfather and appellant as joint tenants. In an action to set aside the deed, the trial court granted summary judgment to appellee, holding there was no delivery of the deed. Appellant states the issues as:

"Whether the summary judgment entered in this case on October 16, 1984, is an appealable judicial determination...

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