Benneson v. Aiken

Citations

• 102 Ill. 284
• 1882 Ill. LEXIS 26

Syllabus

<p>1. Deliveby of a deed. A deed may be delivered, although not actually passed over from the hands of the grantor to the hands of the grantee. No particular form is necessary to constitute a delivery. It may be by acts without words, or by words without acts, or by both. Anything manifesting the intention of the parties that it shall presently become operative and effectual, constitutes a sufficient delivery.</p> <p>2. Where a deed was made and acknowledged by a husband and wife, for lands of the wife, and placed by the wife in the husband’s hands, leaving him to determine when, if ever, it should be delivered, and he failed to exercise that discretion in his wife’s lifetime, and the wife, after the date of the deed, built a large house on the premises, in which she and her husband resided until her death, after which he passed over the deed to the grantee: Held, that the deed never took effect for want of delivery in the lifetime of the wife, and that upon her death his authority to deliver was revoked.</p> <p>3. Conveyance—inuring of after acquired title. A quitclaim deed of a party to land without any covenants of warranty, will not pass an after acquired title by the grantor.</p>