First National Bank v. Ridenour, Baker & Co.

The opinion of the court was delivered by

Horton, C. J.:

It was declared in the former opinion handed down, (ante, p. 707,) among other things, that—

“The assent of the beneficiary in the deed may be given any time after the deed, is executed, and, in the absence of proof to the contrary, will always be presumed. (Field v. Arrowsmith, 3 Humph. 442.) ‘It will be presumed, on the part of the beneficiaries under a deed of trust, in the absence of proof to the contrary, that each accepts the provisions made for his benefit, and such acceptance may be given at any time after the conveyance is made,…