Whitney v. Dewey

Citations

• 10 Idaho 633
• 80 P. 1117
• 69 L.R.A. 572
• 1905 Ida. LEXIS 21

Syllabus

<p>Assignment of Errors on Appeal — Order on Motion for New Trial — Exception Allowed by Law — Delivery of Deed — When Complete — Parol Evidence Admissible to Show Delivery— Parol Evidence not Admissible to Attach Conditions to Deed . Absolute on Its Face — Deeds in Escrow — Escrow cannot be Held by Grantee — Wrongful Taking of Deed by Grantee may be Ratified by Grantor.</p> <p>1. Where a motion for a new trial has been made and the statement used on such motion contained an assignment and specification' of errors, and an appeal is taken from the order denying the -motion and the original brief of appellant contains no enumeration •of errors relied on, hut refers to the transcript and discusses such .errors, and prior to the argument in the appellate court a supplemental brief is filed by appellant making a specific enumeration .of such errors, the same will he regarded as a substantial compliance with the rules of this court and the case will be examined ,on the merits.</p> <p>2. Section 4427, Revised Statutes, gives to an aggrieved party .-an exception to the ruling of the court in granting or overruling .-a motion for a new trial, and on appeal from such order the appellant is entitled to have the assignment and specification of er.rors contained in his statement used on the hearing of such motion examined and considered by the appellate court.</p> <p>3. A deed absolute onits face cannot be delivered to the •grantee therein named to be by him held in escrow, and a delivery which purports to be such will operate as absolute and :freed from all parol conditions, and title will vest at once.</p> <p>4. It is a settled principle of law that the evidence of delivery •of a deed must come from without the deed; in other words, a •deed does not upon its face show delivery, and therefore parol ■evidence is admissible to show such fact.</p> <p>5. Parol evidence is inadmissible to show that a deed delivered •to the grantee and absolute on its face shall take effect only upon