Public-domain · open source
OpenJurist

63 So. 2d 273

Bould v. Coe

Supreme Court of Florida

Decided January 30, 1953

Supreme Court of Florida · decided 1953-01-30

Relies on Houston v. Adams

Good law ✅— No negative treatment on recordhow we know

Decided 1953-01-30

How this case has been cited

Cited by 6 later decisions — most recently January 1999

5 state decisions

2019531960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BARNS, Justice.

¶1‘ The Chancellor entered a final decree cancelling a deed from the appellee-plain-tiff to the appellant-defendant, Dorothy L. Bould, whereupon the defendants brought this appeal. In support of the appeal appellants present three assignments of error magnified into nine questions. However, we find that only the one that “Chancellor erred in making and entering the final decree in this cause on June 6th, 1952,” merits consideration and this we find not .to be sustained.

¶2 The only determinative question presented is whether the deed involved was delivered by or on behalf of the grantors, *274who were Mrs. Coe and her deceased husband, to the grantee, Mrs. Bould. The decree of the Chancellor is inconsistent with a finding that a delivery occurred and there is ample evidence to support a 'finding that there was no delivery. A deed takes effect upon delivery and nothing passes until delivery. Houston v. Adams, 85 Fla. 291, 95 So. 859. It is evident that Mrs. Coe intended to retain the deed until her death and that the taking of the possession of the deed by the grantee, although explained, was not justified and that the decree appealed should be affirmed. It is so ordered.

¶3Affirmed.

HOBSON, C. J., and TERRELL and MATHEWS, JJ., concur.
/63/so2d/273 · .json · Public domain