This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1839 Excerpt: ...the grantor's trunk, and on presenting papers to
the grantor was ordered to put them back, and not meddle with them.
Held, inadmissible evidence, as furnishing no answer to that upon
the other side.6 122. So evidence is inadmissible, to prove
delivery, that, after making the deed, the grantor declared his
intention to deliver it, and that the grantee, soon after the
making of the deed, took possession of the land with the grantor's
consent, and continued it till the grantor's death.' 123. Where A,
the grantor, being a partner of B, the grantee, after executing the
deed, handed it to B, to be put into a trunk, which contained their
joint papers, the key of which was always kept by A, and was
returned to him as soon as the deed had been put in; held,
no.delivery, the grantor merely availing himself of the hand of the
grantee to put the deed in a place which was entirely within his
own control.1 124. So where a grantor had previously contracted to
give a deed, and actually executed one in presence of the grantee,
but the latter took and carried it away without his consent; held,
no delivery.' 125. Where a grantee obtains possession of the deed
without the grantor's assent, but the latter afterwards accepts the
price; this is a ratification which amounts to a delivery. So a
suit and judgment for the price.' 126. Where a deed appeared to be
more than 30 years old, and the only witness testified, that he
attested it in presence of the parties, but nothing further, and
the deed was afterwards in possession of the - grantee; held,
sufficient proof of execution and delivery.4 127. There cannot be
two valid deliveries of the same deed. And the principle applies to
voidable deeds. Thus, if an infant, or one under duress, deliver a
deed, and redeliver it after rem...
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