Stone v. Duvall

Citations

• 77 Ill. 475

Syllabus

<p>1. Consideration—recital of, in deed, prima facie evidence. The recital in a deed for the conveyance of land of the payment of a consideration by the grantee, is sufficient evidence that it was made for a valuable consideration, until the foot is disproved. The testimony of the justice who prepared the deed and took its acknowledgment, that he knew nothing- of any consideration being paid, will not be ^sufficient to overcome the recital of payment in the deed.</p> <p>2. Deed—delivery to take effect at grantor's death. The delivery of a deed for land to a third party, to be retained until the death of the grantor, and then to be delivered to the grantee, is not an absolute delivery, and will not operate to vest an immediate estate in the land, but it will be good to pass the title at the grantor’s death, to the grantee or his heirs. '</p> <p>3. Escrow—defined. A. deed is delivered as an escrow where the delivery is conditional, that is, when it is delivered to a third person to keep until something be done by the grantee, and it is of no force until the condition be fulfilled.</p> <p>4. Where a party executed a deed for land to his married daughter, acknowledged the same, and directed the party in whose hands he placed the same to have it recorded, and hold it without delivery until the grantor’s death, and his daughter having died, he filed a bill to set the same aside, it was held, in the absence of proof of any mistake in drafting the same, that the deed could not be set aside, but that the grantor’s original intention must be carried into effect; that he was entitled to the use of the land as though he had a life' estate.therein, and that upon his death the deed would take effect so as to have vested a title in the;grantee by relation back, so as to pass the title to her heirs at law.</p>