138 Iowa 607 | Iowa | 1908
The petition states that the defendant Orlando Criswell claims to be the owner of the land in question by virtue of a warranty deed from his father, Benjamin Criswell, deceased. A copy of the deed is set out, and it is a regular deed with covenants of warranty, bearing date September 21, 1892, and duly acknowledged on January 11, 1905. The plaintiffs and the defendant Orlando B. Criswell are brothers, and the defendant Mattie Criswell is the wife of her co-defendant. The father, Benjamin Criswell, died on the 26th day of January, 1905, leaving one hundred and sixty-nine acres of land worth $100 per acre, but incumbered for $2,500. He left no other debts and no will, and the sons named were his sole heirs. It appears that the plaintiffs left their father’s home early in life, many years ago, and that the defendant Orlando and his wife, Mattie, remained with the father on the farm involved in this litigation until his death. It is also shown that they faimed the place and made a home for their father and paid him rent for the use of the land from time to time. The defendants have been on the place continuously since 1884, and it appears that they took charge of it, and furnished their father a home at his earnest solicitation after the death of his wife. There is also evidence tending to prove that the father told Orlando that, if he and his wife would remain on the farm and provide him a home, they should have it. In September, 1892, the father went to Wesley Green, a retired lawyer, and asked him to prepare a deed conveying the land in question to his son Orlando, stating to Green at the time that he wished to convey it to his son at some future time, or, in the language of Mr. Green, “ at the completion of the instrument.” The deed annexed to the petition was thereafter prepared by Green and delivered to the father, who
It will readily be seen from the foregoing statement of facts that the question of importance is whether there was such a delivery of the deed during the life of the grantor as to pass a present title to the land. The authorities are in accord that the whole question of the delivery of deeds is one of intent, and that such intent may be gathered from the circumstances surrounding the transaction as well as from direct and positive proof, and we need site no cases in support of the rule. Since the intent of the grantor is to govern, no particular words or acts are required to constitute a good delivery. If a deed be handed to a third person under such circumstances as to evidence an intention to make a delivery thereof to the grantee named therein, it is immaterial whether there be express directions so to do or not. Foreman v. Archer, 130 Iowa, 52; Newton v. Bealer, 41 Iowa, 334; White v. Watts, 118 Iowa, 549. In Newton v.
The fact that the defendant did not know of the deed until it was handed to him by Miss Duffy is not controlling. It is now almost universally held that the acceptance of- a
We are of opinion there was an effective delivery of the deed in question, and that the decree of the trial judge must be reversed.