Hall v. Barnett

Citations

• 71 Miss. 37

Syllabus

<p>1. Deed. Delivery. Intention. Retention of paper. Evidence.</p> <p>Delivery is a question of intention, and, while it may be effected without the maker’s parting with the paper, his retention of it is always a circumstance strongly evidential of a want of delivery.</p> <p>2. Same. Transaction not completed. Deeds destroyed.</p> <p>Where it is deducible from all the circumstances that the purpose of one signing and acknowledging certain deeds, and handing them to the person named as grantee in one of them, to be placed in the trunk of the grantor, is not to have them take effect immediately, but to have them ready to complete the transaction afterwards, and he never does this, but destroys the instruments, there is no delivery.</p>