Lynch v. Lynch

Citations

• 121 Miss. 752
• 83 So. 807

Syllabus

<p>1. Deeds. Delivery necessary to pass title.</p> <p>In a suit by a father to cancel a deed of gift to his son, it was incumbent on the son to show that the deed had been delivered to him before he could succeed in the litigation.</p> <p>2. Deeds. Presumption of delivery from record disappears on showing no delivery.</p> <p>The presumption of delivery of a deed arising from lodging it for record disappears on a showing that the deed in fact was never delivered and that it has been in the grantor’s possession ever since it was signed and acknowledged, except when in the possession of the clerk of the chancery court for record.</p> <p>3. Deeds. Intention to deliver does not dispense with manual delivery.</p> <p>An intention to deliver a deed does not dispense with delivery, there must be an act showing a delivery.</p>