Church v. Gilman
New York Supreme Court
Deliveby of deed. This is an action for the breach of the covenant of seisin in a deed of lands executed by the defendant, bearing date 22d May, 1835. The defendant put in seven pleas, three of which, viz. the fourth, fifth and seventh, resulted in demurrers.
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Deliveby of deed. This is an action for the breach of the covenant of seisin in a deed of lands executed by the defendant, bearing date 22d May, 1835. The defendant put in seven pleas, three of which, viz. the fourth, fifth and seventh, resulted in demurrers. The fourth plea states that the state of Connecticut being seized in fee of the lands mentioned in the declaration, on the 10th April, 1835, by deed of conveyance made and executed by Isaac Spencer, treasurer of that state, (he being thereunto duly authorized and empowered by an act of the assembly of the state,) did grant unto the…
1Opinion of the Court
By the Court, Savage,
Ch. J.*
The pleadings all concede, what could not be denied, that delivery is essential to the validity of a deed. The questions are, what facts are necessary to constitute a delivery. As was said by the court in Jackson v. Richards, 6 Cowen, 617, 18, it is essential to the validity of a deed, that it should be delivered by the grantor and accepted by the grantee. A deed takes effect only from its delivery ; and there can be no delivery without acceptance, either express or implied. They are necessarily simultaneous and correlative acts. Nee also 2 Wendell, 317. The pleas…
2Cases cited5 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Belden v. CarterSupreme Court of Connecticut · 1809
- Jackson ex dem. M'Crea v. DunlapNew York Supreme Court · 1799
- Jackson v. PerkinsNew York Supreme Court · 1829
3Cited by54 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
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