Elmore v. Marks
Supreme Court of Vermont
[IN CHANCERY.} Bill in Chancery. The bill states that on the 16th day of August, 1853, the orator was well seized in fee of the following described land, situated in Winhall, to wit: the whole of lot No. 10, in the 9th range, and the west half of lot No. 6, in the 10th range, containing in all two hundred and fifty-five acres, and being then worth the sum of twelve hundred dollars; that previous to and on said 16th day of August, the orator was indebted to Ira Marks, of…
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[IN CHANCERY.} Bill in Chancery. The bill states that on the 16th day of August, 1853, the orator was well seized in fee of the following described land, situated in Winhall, to wit: the whole of lot No. 10, in the 9th range, and the west half of lot No. 6, in the 10th range, containing in all two hundred and fifty-five acres, and being then worth the sum of twelve hundred dollars; that previous to and on said 16th day of August, the orator was indebted to Ira Marks, of Pawlet, in several sums of money, and was under other liabilities to said Ira for property which said Ira had before that…
1Opinion of the Court
The opinion of the court was delivered by
jPiERROiNT, Ch. J-.
The first question presented for our consideration is, whether the deed executed by the -orator to the defendant Marks in 1853, of the land in controversy, was delivered so as to become operative as a conveyance of the title.
That a deed does not take effect until it is delivered, either to the grantee or some other person for him, or for his use and benefit, and to be delivered to him, either absolutely or upon the performance of some condition or the happening of some contingency, is an elementary principle, and not questioned.
What…
2Cited by5 opinions
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