Norton v. Norton

The pivotal point in this case is in relation to the delivery of the deed in question.

A delivery of a deed to a third person for the grantee is absolute, unless the grantor at the time of making it mentioned some intention of retaining control thereof or there are circumstances showing the deposit was made subject to recall: Dieckman v. Jaeger, 87 Or. 392 (170 Pac. 727). In a case similar to the present one, that of Payne v. Hallgarth, 33 Or. 430 (54 Pac. 162), the grantor during his last illness desiring to make a disposition of his property was advised by his physician and others to execute…