9 D.C. 362
District of Columbia Court of Appeals
Decided September 15, 1875
District of Columbia Court of Appeals · decided 1875-09-15
The complainant brings this action to compel the surrender to her of an unrecorded deed of real estate situate in the city of Washington. A brief statement will show the material point in the case. Walter Lenox, deceased, during his life-time being seized of said real property, on the 21st day of July, 1873, executed and delivered to complainant a deed in fee-simple for the same, which she neglected to record for some time.
Decided 1875-09-15
¶1Where a conveyance of real estate is properly executed and delivered to the grantee, and is afterward handed to the grantor to he put on record, hut the latter dies without recording it, leaving a will in which he makes specific devises of all his property, but makes no mention of the real estate claimed by the grantee: Held, that it is a complete and valid deed, although it be found after the death of the grantor, by his executors, among his other papers.
¶2STATEMENT OE THE CASE.