Ward v. Small's Adm'r
Court of Appeals of Kentucky
'Case 33 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. It is essential to tbe validity of a deed that there should be a delivery either to the grantee himself or to his authorized agent. Registration of itself does not operate as a delivery, nor does it supersede the necessity of proof of delivery. (Jackson v. Phipps, 12 John., 418; Hawkes v. Pike, 105 Mass., 560; Robinson v. Gould, 26 Iowa, 891; Kingsbury v. Burnside, 58 111., 310; Ins.
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'Case 33 — PETITION ORDINARY APPEAL FROM HENDERSON CIRCUIT COURT. 1. It is essential to tbe validity of a deed that there should be a delivery either to the grantee himself or to his authorized agent. Registration of itself does not operate as a delivery, nor does it supersede the necessity of proof of delivery. (Jackson v. Phipps, 12 John., 418; Hawkes v. Pike, 105 Mass., 560; Robinson v. Gould, 26 Iowa, 891; Kingsbury v. Burnside, 58 111., 310; Ins. Co. v. Campbell, 95 111., 267; Young v. Guilbeau, 3 Wall., 639; Commonwealth v. Jackson, 10 Bush, 424.) 2. Assumpsit does not lie for the use…
1Opinion of the Court
JUDGE HOLT
delivered the opihiost or the court.
Tlie petition in this case avers in substance that R. A. Small, being the owner of a certain tract of land under a deed made to him in 1875 by W. GK Taylor, the appellant, Thomas E. Ward, being aware of such ownership, took possession of it, and, assuming to act for Small, and representing himself as his agent, rented it out for the years from 1882 to 1886, inclusive ; that its rental value was one hundred dollars, per year; that Ward, by himself and tenants, used it during the years named, he promising Small to pay him the rent he received, but…
2Cases cited3 opinions
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Bell v. Farmers' BankCourt of Appeals of Kentucky · 1874
- Commonwealth v. JacksonCourt of Appeals of Kentucky · 1874
3Cited by12 opinions
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
- Dunbar v. MeadowsCourt of Appeals of Kentucky · 1915
- Nowlen v. NowlenSupreme Court of Iowa · 1904
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Sullivan v. SullivanCourt of Appeals of Kentucky · 1918
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