Stiles v. Probst

Citations

• 69 Ill. 382

Syllabus

<p>1. Deed—what requisite to delivery. It is an essential prerequisite that the deed or instrument in question should be understood by the parties to be completed and ready for delivery, in order to have a mere placing of it in the hands or possession of the grantee or his agent construed into a delivery.</p> <p>3. Same—recording by grantor, when not a delivery. Where a deed or mortgage, purporting on its face to be the joint instrument of the grantor and his wife, but which, in fact, was not executed by the latter, was recorded by the grantor, and retained by him for several years thereafter, when the same was executed and acknow-ledged by the wife, and then delivered, it was held, from the fact that it was the intention of both parties that the instrument -was to be executed by the wife, that it could not be regarded as delivered until affer its execution by the wife.</p> <p>3. Same—of husband and wife—acknowledgment of the latter under act of 1869. Under the act of 1869, many, if not all, the formalities required, and recording if required, by former statutes in respect to deeds of married women, are dispensed with. But it is still indispensable that the wife join with her husband in the execution of the deed, though it is not required that she shall, in order to join with him, execute it at the same time. She may execute the same years after her husband, and if it is then delivered, it will be good.</p> <p>4. Same—-whether there may he a second delivery. While it is true there can be but one delivery of the same deed, yet if the deed after delivery is altered by consent of the parties, by the wife of the grantor executing the same, and thereby releasing her dower, and then delivered, this will not be regarded as a re-delivery of the same deed, but of a new one, and the last delivery will be good, and the deed will take effect from such u ••livery.</p> <p>5. Alteration—when hy consent, operates as a new contract. It is a well set.'ed rule, that an alteration, eve