Hoig v. Adrian College

Citations

• 83 Ill. 267

Syllabus

<p>1. Conveyance—does not take effect without delivery. Where a deed executed by a person in his lifetime is not delivered to the grantee, and the condition upon which it was to be delivered by the custodian has never happened, no title will pass by it.</p> <p>2. Where a party executed a deed for land as a donation, and left the same with a person, not to be delivered until signed and acknowledged by his wife, and until the grantee should execute and have ready for delivery a mortgage, as it was called, securing to the grantor and his wife a life estate in the premises, and after the grantor’s death the custodian placed the deed on record without authority, the wife never having signed and acknowledged the same, and the mortgage not having been delivered, it was held, on bill by the heirs of the grantor, that the deed should be set aside, as a cloud upon their title.</p> <p>3. Gift—deed for land as a gift may he withdrawn at any time before delivery. A voluntary conveyance without consideration, intended as a donation of land, placed in the hands of a custodian, may be withdrawn by the grantor at any time before delivery, and, if left for delivery upon certain conditions, the custodian is not the judge of whether the conditions have been performed, and he has no right to deliver the same until the donor is satisfied.</p> <p>4. Same—specific performance. It is not sufficient that a party may have agreed to deliver a deed, executed by him to the donee for land, to perfect a mere donation. On refusal, a court of equity will not compel a specific performance, and, until actually delivered, the donor may change his purpose, no matter in wdiose hands the deed may be placed, and on his death the authority of the custodian ceases.</p>