Zeitlow v. Zeitlow

Citations

• 84 Kan. 713
• 115 P. 573
• 1911 Kan. LEXIS 404

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deeds — Delivery—Intention. Deeds were executed by parents conveying land to their sons and a daughter, respectively, in pursuance of a previous understanding; the grantees expressed satisfaction with such deeds, and upon request of the-grantors promised that they should not be recorded during the lifetime of the grantors, who reserved the rents during such period. It was then agreed that the deeds should be sent to a person named, to be by him held for the grantees, until the death of the grantors. The officer before whom the deeds were executed was then directed by the grantors, in the presence of the grantees, to forward the deeds to the person named. The officer enclosed the deeds in an envelope which, for some unknown cause, he left in the room where they were executed, all the parties being still present. The further disposition of the deeds is unknown and they are lost. Each grantee took possession of the land conveyed to him and her respectively. It is held: (1) that a question of fact was presented whether there was a delivery of the deeds; (2) that if it was the intention of the grantors that the deeds when so executed and placed in the hands of the officer should take-effect as present conveyances the jury were justified in finding that the deeds were delivered at that time.</p> <p>2. - Same. Words, or acts, or both, showing an intention on the part of the grantors that a deed shall be considered as completely executed and that the title shall at that time be thereby conveyed from the grantors and immediately vested in the grantees are sufficient to show a delivery.</p>