57 Miss. 843 | Miss. | 1880
delivered the opinion of the court.
Whether there has been such a delivery of an instrument under the seal of the maker "as to make it operative as his deed, is a question of intention on the part of the maker. If he considered it as fully executed and operative, according to its terms, and intended it to have effect from a certain date, that is a sufficient delivery to give it' effect. The mere fact that the maker retains the instrument in his own possession and under his own control, if he has once effectually delivered it, does not prevent it from being enforced. But it is because of the effectual delivery of the instrument, whereby it is made the deed of the party, that it is enforced; for delivery is essential to the validity of a deed, as all the cases agree. A careful consideration of the facts disclosed by this record, as to the intent and understanding of Robert Williams with reference to the paper averred by the bill to be his deed, has convinced us that it was never delivered as such. It is certain that he had it drawn and signed it, and acknowledged it before a justice of the peace, who certified such acknowledgment; hut it is equally certain that he did not then deliver it or
Decree reversed and bill dismissed.