12/29/2023 0 Comments Voluntary conveyance of deedThere are no hard and fast rules as to what constitutes sufficient acceptance. It is fundamental that acceptance of a deed is necessary to its validity. A deed may be accepted after recording and when such is done the conveyance is valid, although the recording of a deed will not of itself constitute a delivery to the grantee in the absence of an acceptance by him of the instrument. Wood had filed the deed for record and then received it after recording, it would not have been sufficient to prove the deed was not delivered or accepted. Even though the testimony of the deputy recorder had substantially established the fact, which it did not, that L.G. However, plaintiff did not sustain the burden of proving the deed was not delivered or accepted. Intention by such act to deliver the instrument to the grantee, operate as a delivery to him." This court has followed that rule and held the recording of a deed does not of itself operate as a delivery of the deed. 44: "The mere recording of a deed which the grantor thereafter retains in his possession does not, in the absence of other circumstances showing an * She was relying on the rule found in 26 C.J.S., sec. Wood took the deed to the recorder for recording, received it back from him, and then kept it in his possession. By her evidence she tried to show that L.G. Wood had never delivered to Nyle Wood the deed transferring the property to him. At the trial plaintiff attempted to prove that L.G. Plaintiff's reply alleged that Nyle Wood had no interest in the property and therefore no authority to convey it to Agnes Anderson. The pleadings present strictly a suit at law. Some time after the conveyance there was a sale under the execution and the present plaintiff was the purchaser. A month later Nyle Wood conveyed the property to Agnes Anderson, defendant in the present suit. Wood in said property was made and notice of it filed in the recorder's office. Plaintiff recovered judgment in her prior suit against L.G. Wood conveyed the property to his son, Nyle Wood, for a recited consideration of one dollar and other valuable considerations. By a deed dated some six months prior to the filing of that suit but recorded after it was filed, L.G. The facts show that plaintiff had instituted a prior suit against one L.G. The chief defendant, Agnes Anderson, in her answer states that she purchased the property for a valuable consideration and is a bona fide and innocent purchaser. It merely states that plaintiff owns the property and defendants are claiming some interest therein. The petition follows the form set out in the statutes appended to Section 1684, R.S. This is a suit to quiet title to an apartment house in Kansas City.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |