Cummings v. Glass

Citations

• 162 Pa. 241
• 29 A. 848
• 1894 Pa. LEXIS 971

Syllabus

<p>Deed — Delivery—Possession—Evidence.</p> <p>Where a deed for real estate has been duly executed and acknowledged and a receipt thereon for the purchase money duly signed, and both the grantor and grantee are dead, and there is evidence sufficient to submit to the jury of the delivery of the deed, the question of delivery is for the jury, there being nothing in the possession of the premises inconsistent with the passing of the title by the delivery of the deed.</p> <p>The evidence in this case was to the effect that after the grantee’s death his daughter took possession of his papers which she kept in a box; that a witness afterwards saw the deed therein wrapped in a brown paper with a rubber band around it; that the daughter when she was about to die asked the grantor to look after all the papers and the business of the family ; that a brown package of papers with a rubber band around it was taken from the box and given to the grantor, and that after the grantor’s death the deed was found in a safe used in common by the grantor and the family of the grautee. Held, that this evidence was sufficient to establish a delivery of the deed.</p>