92 Iowa 147 | Iowa | 1894
I. The pleadings in .this case are voluminous, and the ease will be best understood if we briefly make a summary of the claims of the several parties, as disclosed by the record. Plaintiff claims, in her action to quiet title, to be the fee owner of several hundred acres of land situated in the counties of Cedar, Muscatine, and Story, in this state, by virtue of a warranty deed, of date March --, 1890, from one Nelson Davis, her husband, since deceased. She makes William Davis, his wife, and Levy, administrator of said Nelson Davis, defendants, as persons claiming title adversely. Levy, as administrator, claims that plaintiff has no interest in the lands; that no deed for them from Nelson Davis to her was ever delivered to, or accepted by, her; that the deed to her was without consideration, and fraudulent as to Nelson Davis7 cred
4‘Wichita, Kansas, September 12, 1883.
“I owe my children, William Davis, Franklin Davis, Nelson Davis, Melisia Davis, Henry Davis, and Lucy Davis, thirty thousand dollars ($30,000), payable at my death. Nelson Davis.”
Certain letters from Davis to his wife were introduced in evidence. We need not determine the question of their admissibility, for, if competent, they contain nothing which tended to show that Davis intended to give the land to his wife. While, as to minors and others incapable of accepting á conveyance, the law will presume an acceptance, yet in case of an adult grantee, who rests under no legal disability, the general rule is that there must be, not only delivery, but an acceptance, of the deed. In this case a written acceptance was executed by the grantee long after the execution and filing of the deed for; record. This acceptance was ineffectual. The acceptance, to be available, must have been of the thing offered, of what the grantor intended to convey; and if, as we hold, there was no intention by the deed to pass the title to plaintiff, there was nothing to accept. By no act on her part could she affect the intention of her husband in the execution of' the deed. Were it otherwise, she would, in legal effect, be both grantor and grantee.