Harris v. Barlow

This is an action in ejectment. Judgment was for the defendants, and plaintiffs appeal. Plaintiffs’ alleged title is based upon a deed, executed, signed, and acknowledged while still in blank, in which, in pursuance of an oral authorization thereto, the notary inserted the names of the parties and the description of the property after the grantors had left, and during their absence. This deed was retained by him' in escrow and it is claimed that by reason of the transaction between the parties it was in effect delivered. While still in the possession of the escrow-holder, the grantors in said…