Stinson v. Anderson

Citations

• 96 Ill. 373
• 1880 Ill. LEXIS 42

Syllabus

<p>1. Subrogation — in favor of widow paying debt secured by trust deed. Where a widow, after the death of her husband, pays off a debt secured by a deed of trust given by the husband, and takes a release of the trust deed, the deed being a valid lien, and thereby preserves the property, she will have the right to foreclose the same for her own benefit.</p> <p>2. Delivery of a deed. Where the delivery of a deed, though to a stranger, for the benefit of the grantee, is absolute, it is good, but if a future control over the deed is reserved by the grantor, no estate passes.</p> <p>3. Where a grantor, after acknowledging a deed conveying his land to his three minor children, left the same with the acting magistrate requesting him to keep it for the grantor, saying if he wanted it he would call and get it, but if he should die, requesting its delivery to the grantees or their guardian, and after such deposit of the deed the grantor and his wife executed a mortgage on the same lands to a third person, it was held, that this latter act was equivalent to a withdrawal of the deed for the purpose of making the mortgage, and there being no subsequent act of the grantor showing an intention to make an absolute delivery, no title passed by the deed to the grantees.</p>