Walton v. Burton

Citations

• 107 Ill. 54
• 1883 Ill. LEXIS 225

Syllabus

<p>1. Delivery oe deed—presumption from being recorded. A party residing in Ohio requested his brother, residing in this State, to give him a mortgage to secure an indebtedness, and the mortgage was made, acknowledged, and recorded shortly afterward. The mortgagee was notified by letter of these facts, who, in reply, requested the mortgagor to get the mortgage, and hold the same until he should return to this State, and the mortgagor did obtain the mortgage from the recorder, but lost the same before any manual delivery to the mortgagee. It was held, that the record of the mortgage was prima facie evidence of its delivery, and that the burden of showing that the acceptance came after the recorder had parted with the deed, was upon the party denying the delivery and acceptance.</p> <p>2. Where a mortgage is made, acknowledged and recorded by the mortgagor, it needs only the assent of the mortgagee to make it good. If withdrawn from the recorder by the mortgagor, for the mortgagee, and at his request, the subsequent manual possession of it by the mortgagor becomes that of the mortgagee, and the mortgage becomes operative.</p>