Jones v. Jones
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery to obtain a legal title to certain real estate. On the 25th of December, 1824, Nathaniel Jones, in consideration of love and affection, executed to the plaintiffs, two of his children, to his other children and to his wife, two deeds of all his estate, giving to each of them certain definite portions.
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IN ERROR. This was a bill in chancery to obtain a legal title to certain real estate. On the 25th of December, 1824, Nathaniel Jones, in consideration of love and affection, executed to the plaintiffs, two of his children, to his other children and to his wife, two deeds of all his estate, giving to each of them certain definite portions. These deeds he never delivered, but retained them in his own custody, and gave directions to his wife to lodge them, after his decease, with the town-clerk for record. He died on the 11th of September, 1825, and the day after his death, pursuant to such…
1Opinion of the Court
Hosmer, Ch. J.
As the deeds were never delivered, but were retained by the grantor in his own possession, the putting them into the custody of the town-clerk for record, must be laid out of the question. It was no delivery of them. A warrant of attorney for this purpose, would have been determined, by the death of the principal; and verbal authority cannot rest on higher ground. Bac. Abr. tit. Attorney. E. The case would have been different, if the deeds had been delivered to the wife, before the grantor’s decease; for in that event, the delivery of them to the use of the grantees, to take…
2Cases cited2 opinions
- Belden v. CarterSupreme Court of Connecticut · 1809
- M'Call v. M'CallSupreme Court of Connecticut · 1809
3Cited by19 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Culver v. CarrollSupreme Court of Alabama · 1911
- Lindley v. GroffSupreme Court of Minnesota · 1887
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