Kirk Ex Rel. Kirk v. Turner
Supreme Court of North Carolina
From Orange. Original BiiiX, the allegations of which, were that Sarah Kirk, the grandmother of the Plaintiffs, being about to contract a marriage with Ihomas Whithead, and being desirous of settling her property upon the Plaintiffs, applied to one Snipes to draw deeds of gift to them for certain slaves.
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From Orange. Original BiiiX, the allegations of which, were that Sarah Kirk, the grandmother of the Plaintiffs, being about to contract a marriage with Ihomas Whithead, and being desirous of settling her property upon the Plaintiffs, applied to one Snipes to draw deeds of gift to them for certain slaves. That the deeds were drawn accordingly, reserving a life estate in the slaves to Sarah ; that Sarah executed the deeds, and that they were attested by Snipes, and left with him for safe keeping. That after the marriage was solemnized, the deeds came into the possession of Whithead, and were by…
1Opinion of the Court
The opinion of the Court was delivered by
Hunde ns ON, J udge :
A delivery of a deed is, in fact, its tradition from the maker to the person to whom it is made, or to some person for his use, and if the person receiving it for another, is authorised to do so, it is not only immediately the maker’s deed, but it cannot be rejected by the gran* tee. If he has not authorised the person to receive it, yet it is the maker’s deed, until he, for whose benefit it is made, rejects it; it does not wait for the approbation of this person; before it becomes a deed: for his accept- anee ¡s presumed, until…
2Cited by17 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- Lynch v. JohnsonSupreme Court of North Carolina · 1916
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
- Robbins v. RascoeSupreme Court of North Carolina · 1897
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