Oliver v. Oliver

Citations

• 149 Ill. 542
• 36 N.E. 955

Syllabus

<p>1. Deed—delivery necessary. Although, adeed maybe duly executed and acknowledged, it can not be regarded as valid and operative to pass title unless it has been delivered by the maker to the grantee; and the burden oí proof rests upon the grantee to establish, not only the execution, but the delivery of the deed.</p> <p>2. If a deed is at any time delivered to the grantee therein, with the intention of passing the title to the land, the requirement of the law will be fully complied with, and the subsequent possession of the deed by the grantor, or its destruction by him, will not destroy its validity.</p> <p>3. The fact that a grantee in a deed may, after its execution, take it in his hands, will not, of itself, establish a delivery, nor will the fact that a deed is taken by the grantee from the custody or possession of the grantor, after its execution, constitute a delivery.</p> <p>4. lío particular form is necessary to constitute a valid delivery. It may be by acts without words, or by words without acts, or by both. Anything which clearly manifests the intention of the grantor and the person to whom it is delivered, that the deed shall presently become operative and effectual, constitutes a sufficient delivery. If tb e grantor loses all control over the deed, and by it the grantee is to become possessed of the estate, the delivery will be sufficient.</p>