Simpson v. McGlathery

Citations

• 52 Miss. 723

Syllabus

<p>1. .Vendor's Liest: Assignee-of note. Escrow. Deed presented or tendered. Necessary party. Case in ¡judgment.</p> <p>0. sold lands to S., executed title bond, took notes for the purchase money. C. assigned the notes to M., and to facilitate, and insure collection, executed a deed conveying the land to S., hut delivered it to M., to be deliverd to S. on payment of the notes. The notes matured, JI. tendered the deed to S., demanded payment, failed to receive it, and filed his bill for specific performance. A. demurrer was interposed because the vendor, C., was not made a party. Neld, that the general rule is that a deed delivered as an escrow does not take effect so as to divest or invest title until its second delivery, but that the second delivery derives all of its force from the first, of which it is the full execution and consummation. If equity requires it the second delivery will b'e made to relate back to the first, so as to protect the grantee against intervening claims; and that as neither the death or future disability of the grantor, nor intervening claims against him, would affect the rights of the parties, 0., the vendor, was not a necessary party.</p>