McAllister v. Mitchner

Citations

• 68 Miss. 672

Syllabus

<p>1. Deed. Delivery to grantee; not an escrow.</p> <p>A deed delivered to the grantee is not an escrow, and any verbal agreement qualifying the effect of such delivery is void.</p> <p>2. Same. Surrender of deed to land. Title unaffected.</p> <p>Except where there exist the elements of an estoppel in pais, a surrender and cancellation of a conveyance of title to land in no manner affects the rights of the parties. Burton v. Wells, 30 Miss. 688 ; 43 lb. 140 ; 57 lb. 594; 61 lb. 299.</p> <p>3. Same. Re-delivery to grantor. Does not revest title.</p> <p>Mere re-delivery to the grantor of an executed deed to land, though in accordance with a verbal agreement had at the time of making the instrument, will not operate to revest title in the grantor.</p>