Bovee v. Hinde

Citations

• 135 Ill. 137
• 25 N.E. 694

Syllabus

<p>1. Delivery of deed—what will constitute a delivery—and of evidence in respect thereto. To constitute a sufficient delivery of a deed there must be a clear manifestation of the intention of the grantor that the deed shall pass the title at the time, and that he shall lose all control of it.</p> <p>2. So where tli e grantor hands his deed in an envelope to the grantee, to be deposited by the latter in his box in a bank for safe keeping, but not for the purpose of passing the title, this will not amount to a delivery.</p> <p>3. And in case the deed is intended to take effect only upon the death of the grantor, and for this reason it is not recorded, but retained by the grantor until shortly before his death, when it was handed to the grantee in a sealed envelope, to be placed in a bank vault for safe keeping, such transfer of the custody of the deed wilj not be held a delivery.</p> <p>4. If the grantor keeps possession of the deed up to the time of his death without having had the same recorded, the fact the deed has not been recorded affords at least prima facie evidence of its non-delivery.</p> <p>5. Where a husband caused to be recorded a deed from himself and wife to a third person, and a deed from such third person to the wife of the latter, this, it was held, will afford prima facie evidence of a delivery of the deeds.</p> <p>6. Be-asserting title—after it has once vested. Where a husband has land conveyed to his wife to enable her to make a testamentary disposition of the same, which proves abortive, the former can not, on the death of the wife, seized in fee, have the deed to her set aside and the title vested in him,.but such title will pass to her heirs-at-law.</p>