Balin v. Osoba

Citations

• 76 Kan. 234
• 91 P. 57
• 1907 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>'Conveyances — Deed Recorded arnd Retained by Grantor — Constructive Delivery. Where a contract is made for the sale of land, the consideration being the assumption of an existing mortgage and the payment of a sum of money at a future date (no note for the deferred payment being contemplated), and the vendor files for record a deed from himself to the vendee, who thereupon goes into possession of the land and thereafter pays the taxes thereon and the interest on the mortgage as they accrue, this situation continuing for two years without objection by the grantor, these facts warrant an inference that he intended that the title should pass, and a finding that there was a constructive delivery of the deed, notwithstanding it was never manually delivered.</p>