Skinner v. Baker

Citations

• 79 Ill. 496

Syllabus

<p>1. Conveyance—delivery necessary to the conveyance of land by deed. Delivery is an indispensable element to the conveyance of land by deed, for the reason that a deed takes effect only from the delivery.</p> <p>2. Same—delivery may be to grantee, or to his agent. A deed may be delivered to the grantee, or to any person authorized by him to receive it, in which case the title to the premises will pass.</p> <p>3. Same—delivery to a stranger to hold until conditions complied with. Where a deed is delivered to a stranger to be held until certain conditions are performed by the grantee, and then to be delivered by him to 'the grantee, the title does not pass, but remains in the grantor until the conditions are complied with.</p> <p>4. So, where the grantee in a deed drew a draft for the amount of the purchase money for land which he had previously contracted to purchase, and placed it in the hands of a banker for collection, and the owner of the land placed his deed to the purchaser in the hands of the same banker. to be delivered to the purchaser on condition that the draft was duly paid, and the purchaser agreed that if the draft was not duly paid, he would relinquish all his right to the land under the.contract, and the draft was protested for non-payment, it was held, that no title passed hy the deed, and that all claim of the grantee to the land, under his contract, was extinguished, and all rights of those claiming under him ceased, and that a lease from him which stood upon the records was a cloud upon the title of the owner, and should be removed by a court of equity hy decree.</p>