212 F. 151 | 8th Cir. | 1914
This was an action brought by appel-lees against appellants to cancel a warranty deed made by John Williams and wife, December 2, 1904, whereby for the expressed consideration of $2,900 the grantors purported to convey to Walter A. Childs certain real estate situated in the county of Platte, state of Missouri, subject to a mortgage of $600, which the grantee by the terms of the deed assumed. There is much irrelevant and immaterial evidence in the record, but the following facts are established beyond dispute: John Whlliams and wife on December 2, 1904, executed a warranty deed for the land in controversy, and according to the allegations of the bill filed it for record December 5th, following, with the recorder of deeds of Platte county, Mo. The deed remained at the recorder’s office until March 2, 1905, when it was mailed to John Williams, who received it and retained the custody thereof until his death on July 8, 1910, when the same was found among his papers. No consideration ever passed between grantor and grantee; but the grantee, having ob
“It is true that, generally speaking, the recording of a deed takes the place of livery of seisin, is cogent evidence of delivery, and may, perhaps, in the absence of opposing evidence, justify a presumption of delivery.”