Thompson v. Candor

Citations

• 60 Ill. 244

Syllabus

<p>1. Deed — delivery—what sufficient. Tbe delivery of a deed need not be made by the grantor himself, nor is it indispensable that it be made to the grantee. If made to any person for the grantee, and it is absolute and not conditional, his assent will be presumed.</p> <p>2. Where a party proposes to make a donation of a tract of land to an educational -institution, makes a deed thereto and hands it to one of the trustees who was superintending the erection of the buildings thereon, but imposes no conditions and gives no directions in reference to the deed, and subsequently dies, the presumption is that he intended to deliver the deed.</p> <p>3. The dped, in such a case, takes effect from the'time it is delivered to the trustee, and not when it is handed by him to the secretary of the institution; no act was to be done by the company, and they were in possession and engaged in erecting a building thereon when the deed was made. This was evidence of an intention to deliver and to accept, and the intention must control.</p> <p>4. Coepobation — organization. Where parties endeavor to organize a corporation for educational purposes, under the general law, adopt a name, elect trustees, and organize by electing a president and officers, and the trustees had acted for years in managing the property, had leased and mortgaged it, and expended a large sum of money in its improvement, these acts constitute it a corporate body de.facto, and the regularity of its organization can not be questioned collaterally. Such irregularity can only be questioned by quo wm'ranto or scirefacias.</p>