Taylor v. O'Barr

GARDNER, Chief Justice.

The original bill was for the cancellation of a deed executed by complainant, the husband, to Sarah Taylor, his wife, conveying the real estate therein described. Complainant is in possession of the land and seeks to remove this deed as a cloud upon his title. Cancellation is sought upon the theory there was no delivery of the deed. But it was duly executed and by the grantor duly recorded in the probate office, and this, under all of our authorities makes out a prima facie case of delivery. This presumption may. be rebutted by proof tending to show that in fact no…