Bremyer v. School Ass'n of the Swedish Evangelical Mission Conference

Citations

• 86 Kan. 644
• 122 P. 104
• 1912 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deed — Delivery—Title—Intention—Evidence. The passing of an executed deed into the hands of a grantee named therein does not constitute a delivery where it is the understanding and intention that the instrument shall not then become effective as a conveyance.</p> <p>2. - Same. In a transfer of real property by deed i’t is essential that grantor and grantee shall understand that the conveyance is complete and that the title is to pass in order to have the mere placing of it in the hands of a grantee, his attorney, or agent, construed as a complete delivery.</p> <p>3. - Same. The evidence in the case is examined, and held to he sufficient to sustain the finding of the trial court that there was no delivery of the deed in question.</p> <p>4. INSURANCE — Loss — Mortgagee — Distribution of Insurance Money. Where by the terms of a fire insurance policy it is stipulated that the loss, if any, shall be payable to the mortgagee, he becomes the beneficiary of the policy, and if a loss occurs while the debt is unpaid he alone is entitled to recover the insurance to the extent of his debt; and where the indemnity is paid by the insurance company in a draft made payable to the mortgagor and mortgagee jointly and the mortgagor offered to indorse the draft and have the mortgagee take from the proceeds the amount of the mortgage debt, and where the mortgagee refused to accept the amount of his indebtedness, but claimed that he was the owner of the insured property and was entitled to all the insurance money, which greatly exceeded the amount of the mortgage debt, he is not entitled to interest on the mortgage debt after the time he refused to accept the payment to which he was entitled.</p>