Duer v. James
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The hill of'complaint in this case was filed hy the appellants against the appellees, seeking to have the benefit of a deed of trust which, was made and afterwards destroyed under tlie circumstances set forth in the opinion of this Court. The Court below (Pinkney, J.,) hy the agreement of the parties passed a pro forma decree dismissing the hill, and the appeal is taken from this decree.
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Appeal from the Circuit Court of Baltimore City. The hill of'complaint in this case was filed hy the appellants against the appellees, seeking to have the benefit of a deed of trust which, was made and afterwards destroyed under tlie circumstances set forth in the opinion of this Court. The Court below (Pinkney, J.,) hy the agreement of the parties passed a pro forma decree dismissing the hill, and the appeal is taken from this decree. There was in this case a sufficient delivery of the deed to vest the title in James and Eareckson. The acts done hy Davis, in executing and acknowledging the…
1Opinion of the CourtRobinson, J.
To constitute a delivery of a deed the grantor must do some act putting it beyond his power to revoke. There can be no delivery, so long as the deed is within his control and subject to his authority. In the language of the Supreme Court, in Younge vs. Guilbeau, 3 Wall., 634,
‘ ‘ The grantor must part with the possession of the deed or the right to return it.”
The delivery need not to be to the grantee, but may he to a third party authorized to receive it, or even to a stranger for the use of the grantee, It is not essential to prove a formal delivery, this may be inferred from the acts of the…
2Cases cited1 opinion
- The ReformSupreme Court of the United States · 1866
3Cited by17 opinions
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- Clark v. CreswellCourt of Appeals of Maryland · 1910
- Gianakos v. MagirosCourt of Appeals of Maryland · 1964
- Downs v. DownsCourt of Appeals of Maryland · 1928
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