Burnap v. Sharpsteen

Citations

• 149 Ill. 225
• 36 N.E. 1008

Syllabus

<p>1. Deed—delivery—how shown. A deed may be delivered by words without acts, or by acts without words, or by both acts and words; and after the deed has been signed, sealed and acknowledged, any acts or words which clearly manifest an intention to consummate and complete it, and to part absolutely and unconditionally with it and all control over it, are sufficient to give legal existence to it as a deed, and to constitute a sufficient delivery.</p> <p>2. Where the delivery of a deed is denied by the grantees therein, and the witnesses called to prove a delivery fail to testify to any acts or words amounting to a delivery, their general statement that the instrument was delivered will be regarded as a mere legal conclusion -on their part, rather than the statement of a fact, and therefore incom'= petent, and can not be considered on the question of delivery.</p> <p>3. Same-—wrongful delivery of deeds left in escrow. Where deeds and papers are made out, sealed and acknowledged for the exchange -of real estate, and are left in escrow with the clerk of an agent of one of the parties, to hold until a certain release of a mortgage is procured -and another incumbrance is reduced to a certain amount, and then to be delivered to the respective parties, the deeds so deposited will not become operative until the execution and delivery of the releases of the mortgages or the performance of the conditions upon which they are to be delivered, or the acceptance of the deeds by the grantee.</p> <p>4. Until perf ormanoe of the conditions upon which deeds are placed in escrow, the depositary will have no authority to part with them or to assume to deliver them to the grantees therein named. And when the agent of one of the parties obtains possession of the deeds before the conditions are performed, this act will be fraudulent and tortious, and no rights will pass by the delivery of such deeds or their tender.</p> <p>5. Same—delivery by one having no right to same. Where a deed for l