Eiegraph

4.

In the law of sealed instruments, the nal, absolute transfer to the grantee of a )mplete legal instrument sealed by the rantor, covenantor, or obligor. As a poputr word, signifies mere tradition. ^ A deed takes effect only from its tradition or deliv- •y, which may be absolute or conditional.

Absolute delivery

A delivery to the rantee himself. Conditional delivery. 'o a thu-d person to hold till some condition ] performed by the grantee.^ In the latter case the instrument is delivered as an escrow " — as a scrowl or writing, not to take effect as deed till the condition is performed.' A delivery of a legal obligation made upon condlion does not become a legal delivery until the condiion is fulfilled.* The delivery of a deed is essential to the transfer of itle. It is the final act, without which other formalties are ineffectual. The gi-antor must part with posession of the deed or the right to retain it; registry oay justify a presumption of delivery." While a delivery of a deed is essential to pass an state, and there can be no delivery without surrender >f the instrument or the right to retain it, such deivery w Ul be presumed, in the absence of direct ividence, from the concurrent act of the parties rec- >gnizing a transfer of the title.' Surrender and acceptance are necessary to a compete delivery.' Its importance arises from the fact that the deed las taken the place of the livery of seisin of feudal;imes, when, to give effect to the feoffment of the new tenant, the act of delivering possession in a public manner was the essential evidence of the investiture of title to the land. This diminished in importance until the manual delivery of a piece of turf, and other "symbolic" acts, became sufficient. When aU this passed away and the creation and transfer of estates by a written instrument, called the act or " deed " of the party, became the usual mode, the instrument was 1 United States v. Mc Cready, 11 F. E. 336, 234 (1882). "Black V. Shreve, 13 N. J. E. 461 (1860), Whelpley, J. s [2 Bl. Com. 307; 30 Wis. 646. *Mc Farlandi;.Sikes, 54 Conn. 250(1886). >Younge v. Guilbeau, 3 Wall. 641 (1865), Field, J.; 5 id. 81; 79 Pa. 15; 4 Del. Ch. 311. e Gould V. Day, 94 IT. S. 412 (1876), Field, J. See Ireland V. Geraghty, 16 F. E. 45-46 (1883), oases,- note by M. D. Ewell. „,,„ „„ at first delivered on the land in lieu of livery of seisin. Finally, any delivery of the deed or any act intended to stand for such delivery became effectual to pass the title.' Delivery in fact, by the officers of government, of recorded letters-patent for land, or of a charter, or of a commission to an office, and the like, in which the act of delivering is purely ministerial, may not be essential; it is enforceable by mandamus.^ Compare Livery.