Phillips v. . Houston
Supreme Court of North Carolina
AotxoN of detinue, tried before Caldwell, J., at the last Spring Term of Duplin Superior Court. The defendant’s intestate was the mother of the plaintiff, who resided in the State of Alabama ; it was in proof that she called upon one Kinnair, to draw a deed of gift to the plaintiff' for Jack, declaring that the plaintiff was one of the oldest of the family, that he had worked hard and helped make the property of the estate, and had never received his full share of it, and…
Read the full summary
AotxoN of detinue, tried before Caldwell, J., at the last Spring Term of Duplin Superior Court. The defendant’s intestate was the mother of the plaintiff, who resided in the State of Alabama ; it was in proof that she called upon one Kinnair, to draw a deed of gift to the plaintiff' for Jack, declaring that the plaintiff was one of the oldest of the family, that he had worked hard and helped make the property of the estate, and had never received his full share of it, and that she wished to give Jack to him. Thereupon Kinnair wrote a deed of gift to the plaintiff, which was signed and sealed…
1Opinion of the CourtBattle, J.
In the case of Hall v. Harris, 5 Ire. Eq. 303,\ it was said by the Court, that the delivery of a deed “ depends upon the fact that a paper, signed and sealed, is,put out of the possession of the maker.” That, we think, is the true test, and if it appear that the ¡grantor, or donor, has 'parted with the possession of the instrument to the grantee or donee, or to any other person for him, the delivery is complete, and the title of the property granted, or given thereby, passes. But it will be otherwise, if the grantor or donor retain any control over the deed; as if he, when he hands it to a…
2Cited by19 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Dettmer v. BehrensSupreme Court of Iowa · 1898
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- McKemey v. KetchumSupreme Court of Iowa · 1919
14 more not listed; retrieve them via the Exa API.