SALTZMAN v. AHERN 306 So.2d 537 (Fla.App. 1975) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN PURPOSE: Saltzman is an example of conflicting documents purporting to convey the same property by the same grantor. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN CAUSE OF ACTION: Quiet title action. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN FACTS: There were two conveyances of the same real property by the same grantor. Plaintiff-appellee, Ahern, was the first grantee. Ahern’s deed was a standard printed form from which the words “warranty” and “in fee simple” were deleted, although the words “and their heirs and assigns” were retained. The grantor reserved a life estate to himself. The Saltzmans argue that this was an attempted testamentary disposition that should fail because the property was sold to them prior to the grantor’s death (thereby revoking the testamentary gift). Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN ISSUE: Whether the deed transferred title to Ahern (justifying the summary judgment entered in Ahern’s favor). Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN HOLDING: Yes, first conveyance was valid. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. SALTZMAN v. AHERN REASONING: The execution, consideration, and delivery of the deed to Ahern were valid. The language of the deed is given its ordinary meaning, which conveyed title, notwithstanding later action by the grantor. If the grantor could not attack the deed, others may not. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.