Bank of Healdsburg v. Bailhache

Citations

• 65 Cal. 327
• 4 P. 106
• 1884 Cal. LEXIS 541

Syllabus

<p>Deed—Deliveey.—A deed takes effect from its delivery, and if delivery is wanting, it is void ab initio.</p> <p>Id.—Where a deed was executed to a bank, and the notary handed it to one of the directors, who was instructed by the grantor that the deed was not to be delivered to the bank until certain matters in dispute between the grantor and grantee were settled, held that there was no delivery.</p> <p>Id.—Acceptance—Authobity of Dibectobs.—To constitute a delivery of a deed there must be an acceptance by the grantee. Power to make a settlement of a defalcation to a bank, and accept a deed of real estate in satisfaction and release, is a function of the board of directors, and not of any individual director or officer.</p> <p>Id.—Married Woman.—The deed of a married woman has no validity, and is not in a condition to be delivered or accepted until it is acknowledged and certified as required by sections 1186 and 1191 of the Civil Code.</p>