Benedick v. Benedick

Citations

• 187 Pa. 351
• 41 A. 40
• 1898 Pa. LEXIS 815

Syllabus

<p>.Deed — Delivery—Evidence—Question for jury.</p> <p>In an action of ejectment the controlling question was whether the deed under which plaintiff claimed title had been delivered. The deed having been lost, the plaintiff, for the purpose of proving its execution, delivery and contents, called the scrivener who had prepared the deed sixteen years before the trial. The scrivener testified that the grantor left the deed with him at the time of its execution, and that, subsequently, she demanded it, and he gave it to her. There was no evidence that it was ever delivered to the grantee. It appeared that, while there was a money consideration named in the deed, yet the real consideration was the support and maintenance of grantor’s husband during his life. There was evidence that the grantor did not intend that the deed should take effect until after her death. Held, that there was not sufficient evidence of delivery of the deed to justify the submission of the question of delivery to the jury.</p>