Reed v. Douthit

Citations

• 62 Ill. 348

Syllabus

<p>1. Deed—delivery—presumption. When a deed is produced by the grantee named therein, the presumption of law, in the absence of proof to the contrary, is that the deed was signed and sealed according to its purport, and that the grantee, having it in his possession, received it from the grantor.</p> <p>2. The requisites of a deed to convey land are, signing, sealing, and delivery, and when the deed is recorded by the grantee, even after the death of the grantor, the burden is on the grantor, or those claiming as his heirs, to prove clearly that the appearances are not consistent with the truth. The presumption of delivery must he destroyed by clear and positive proof.</p> <p>3. Deed—delivery upon voluntary settlement. The law makes stronger presumptions in favor of the delivery of deeds in cases of voluntary settlements, especially when made to infants, than in ordinary cases of bargain and sale.</p> <p>4. Deed—delivery. Where it appeared that a father had made advancements to his adult children and afterward signed, sealed, and acknowledged a deed for certain lands to his minor son, stating that he intended to make a provision for such son, hut expected to live on the land until his death, and afterward spoke of the land as his son’s, and the son exercised acts of ownership over it and leased portions of it before his father’s death, and about sixteen months after the death of the father had the deed to himself recorded : Held, even if the father retained possession of the deed until his death that fact would not invalidate or defeat it.</p> <p>5. A delivery of a deed is not to be proved by the grantee in it, but will be presumed; and if not delivered the retention of the deed by the grantor until his death will no.t destroy its effect as a deed when the circumstances or proof show it to he a voluntary settlement for a meritorious consideration upon an infant by a parent.</p>