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University of Michigan Law School

Evidence

1920

Delivery

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Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler Jan 1920

Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler

Articles

Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's hands; likewise a deed may be undelivered …