Huffman v. Copeland

On Petition for a Rehearing.

Woods, C. J.

A rehearing is asked because it was not decided “ whether the deed was delivered to the appellee Margaret, Jr., prior to the rendition of appellant’s judgment,” nor “ the effect thereof in case it was not so delivered.”

When the conclusion was reached that the contract for the conveyance rested upon a valuable consideration, and was therefore valid and binding, it became immaterial whether or not there was a delivery of the deed before the rendition of the judgment. The contract having been made and the consideration paid or executed, a conveyance under…