Stevens v. Stevens

'Mr. Justice, Carter,

dissenting:

On the facts presented in the record I cannot concur in the foregoing opinion. I think the deeds were delivered.

The rule is, that a deed does not take effect unless it is delivered by the grantor during his lifetime, either directly or in escrow. Such delivery “may be by acts without words or words without acts, or both, and anything which clearly manifests the intention of the grantor that a deed shall presently become operative and effectual, that he loses control over it and the grantee is to become possessed of the estate, constitute's a sufficient…