Whitman v. . Shingleton

Shepherd, J.:

His Honor instructed the jury that there was no evidence from wh;ch they could infer a delivery of the deed from Gregory Price to the defendant, and this is the sole question presented for review.

It was in evidence that, some time after the death of the grantor, the defendant, the grantee, was in possession of the deed, and left it with the witness Smith to have it recorded. The deed was lost or misplaced by the said witness, but its ■contents were proved. It was in the usual form, and conveyed the land in question to the defendant in fee, and “ it was specified in it,” says a…