delivery

Delivery on the wharf in the case of goods transported by ships is sufficient under our law, if due notice be given to the consignees and the different consignments be properly separated, so as to be open to inspection and conveniently accessible to their respective owners.

Of Deed. The transfer of a deed from the grantor to the grantee, or some person acting in his behalf, in such a manner as to deprive the grantor of the right to recall it at his option. Delivery may be (1) absolute, which is complete upon the actual transfer of the instrument from the possession of the grantor; or (2) conditional, which passes the deed from the possession of the grantor, but is not to be completed by possession in the grantee, or a third person as his agent, until the happening of a specified event. Of Chattels. The tradition or transfer of the possession of a chattel from one person to another. It may be actual or symbolical, as of goods in a storehouse by delivery of the key (39 Me. 496), or goods in the hands of a carrier by delivery of the bill of lading (5 Ohio, 88). The word "delivery," as applied to sales, has been used in several senses, viz.: (1) Delivery sufficient to pass title. (2) Delivery sufficient to allow the seller to sue for goods sold and delivered. (3) Delivery sufficient to destroy the vendor's lien. _ (4) Delivery sufficient to determine the right of stoppage in transitu. (5) Delivery sufficient under the statute of frauds. (6) Delivery sufficient as against creditors or subsequent purchasers. Unless the particular sense in which the word is used in each case be borne in mind, confusion will follow in reading the decisions. Benj. Sales, p. 649, note. In Medical Jurisprudence. The act of a woman giving birth to her offspring.

The transfer of a deed from the grantor to the grantee, or some person acting in his behalf, in such a manner as to deprive the grantor of his right to recall it at his option. An absolute delivery is one which is complete upon the actual transfer of the instrument from the possession of the grantor. A conditional delivery is one which passes the deed from the possession of the grantor, but is not to be completed by possession in the grantee, or a third person as his agent, until the happening of a speci Oed event A delivery in this manner is an escrow (q. v.). No particular form is required to effect a delivery. It may be by acts merely, by words merely, or by both combined; but in all cases an intention that it shall be a delivery must exist; Com. Dig. Fait (A); 6 Sim. 31; Lindsay v. Lindsay, 11 Vt. 621; Arrison v. Harmstead, 2 Pa. 191; Verplank v. Sterry, 12 Johns. (N. Y.) 536, 7 Am. Dec. 348;.Mills v. Gore, 20 Pick. (.Mass.) 28; Hughes v. Hasten, 4 J. J. Marsh. (Ky.) 572, 20 Am. Dec. 230; Hayes v. Boylan, 141 111. 400, 30 N. E. 1041, 33 Am. St. Rep. 326; Nazro v. Ware, 38 Minn. 443, 38 N. W. 359; Stefhan v. Lank, 69 Tex. 513, 6 S. W. 623; Flint v. Phippe, 16 Or. 437, 19 Tac. 543. The unconditional delivery of a deed to a third person for the use of a lunatic grantee, not under guardianship, followed by circumstances indicating acceptance by the grantee, is valid; Campbell v. Knlm, 4f> Mich. 513, 8 N. W. 523, 40 Am. Rep. 479. "Anything which signifies the intention of the grantor to part with his control or dominion over the paper, so that it may become a muniment of title in the grantee, operates as a legal delivery. With respect to the measure of proof required, a difference is recognized in the cases depending upon the character of the deed, whether it. be voluntary or made to give effect to a sale. In the former case the intention to part with the control of the deed is not presumed and a delivery must be proved strictface, the Intention to consummate the conveyance by the delivery of the deed as a muniment of title is inferred from the grantor's parting with the q of it, whether it be to the grantee directly or to some third person — if he part with it without any condition or reservation." Bates, Ch., in Jamison v. Craven,; In the absence of direct evidence, the delivery of a deed will be i from the concurrent acts of the parties recognizing a transfer of title; Gould v. Day. 94 r. S. in;,. 24 L. Ed. 232; Turner v. Warren, 160 Pa. 330, 28 All. 7S1; Williams v. \\ i, 1 is III. 126, 36 X. B. KM. Bo Ion- as a is within the control and subject to the dominion of the grantor, there is no delivery, without which there can be no i Byars v. Spencer, mi ill. 429, 40 Am. uep. 212; Lang v. Smith.::t W. 7a, 725, 17 S. E. 213. The possession of a deed by the grantee therein, is prima facie evidence of its delivery; Campbell v. Carruth, 32 Fla. 264, i:; South. 432; Mc Clellan v. Zwingli, 70 Hun 600, 24 X. Y. Supp.::71: Lewis v. Watson, 98 Ala. 479, 13 South. 570, 22 L. R, A. 297, 39 Am. St. Hep. 82. The deed "f a corporation was said to he delivered by a Mixing the corporate seal; Co. Litt. 22, n., ';•;. n.; Cro. Eliz. 107; 2 Rolle, Ahr. Fait (I); L. R 2 II. L. 2! Hi. It may be made by an agent as well the grantor himself; Hatch v. Hatch, 9 307, 6 Am. Dec. 07; Belden v. Carter, 1 Day (Conn.) 66, 4 Am. Dec. 185; 5 B. & C. 071; or to an agent previously appointed: Western R. Corp. v. Babcock. 0 Mete. (M or subsequently recognized; Turner v. Whidden, 22 Me. 121; Shirley's I.< — e v. Ayres, 14 Ohio, 307, 45 Am. Dec. 546; hut a subsequent assent on the part of the grantee will not be presumed: HuliCK v. ScoviL. 4 Oilman (111.) 177; Canning v. 1'inkham, 1 N. H. 353; Church v. oilman. 15 Wei Y.) 656, 30 Am. Dec 82. Where a fat purchasing land has the deed executed in the name of his minor son, the delivery of the deed to the father is sufficient delivery to the son; Hall v. Hall, 107 Mo. 101, 17 S. W. 811. The delivery of a deed to a third person for the grantee's benefit, followed by an assertion of title by the granl I delivery: Ilaeiini v. Bleisch, 1 10 111. 2 N. E. I-"-".: as is also such a delivery where the third person is to he custodian, hut where the deed is not to go into force until after the grantor's death; Campbell v. Morgan, GS Hun 490, ^2 X. Y. Supp. 1001. The cases holding that a deed delivered to a third person to lake effect on the death of the grantor is valid are collected by Mr. Jones in his work on Real Property, vol. 2, § 1234; see also Wittenbrock v. Cass, 110 394, 42 N. E. 867; Benzler v. Rieckhoff, 97 la. 75, 66 N. W. 147; Haeg v. Haeg, 53 Minn. 33, 55 N. W. 1114; Hutton v. Cramer, 10 Ariz. 110, 85 Pac. 483, 103 Pac. 497; and there are authorities which uphold such transfers even though the grantor reserves a right to recall the deed at any time before his death, provided he does not do so; Belden v. Carter, 4 Day (Conn.) 66, 4 Am. Dec. 185; but it is held that these cases are indefensible on principle, and that such a transaction is testamentary; Arnegaard v. Arnegaard, 7 N. D. 475, 75 N. W. 797, 41

In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Black v. Shreve, 13 N. J. Eq. 461; Kirk v. Turner, 16 N. C. 14. In the law of sales. The tradition or transfer of the possession of personal property from one person to another.

In medical jurisprudence. The act of a woman giving birth to her offspring. Blake v. Junkins, 35 Me. 433. Absolute and conditional delivery. An absolute delivery of a deed, as distinguished from conditional delivery or delivery in escrow, is one which is complete upon the actual transfer of the instrument from the possession of the grantor. Dyer v. Skadan, 128 Mich. 348, 87 N. W. 277, 92 Am. St. Ren. 461. A conditional delivery of a deed is one which passes the deed from the possession of the grantor, but is not to be completed by possession or the grantee, or a third person as his agent, until the happening of a specified event. Dyer v. Skadan. 128 Mich. 348, 87 N. W. 277, 92 Am. St. Rep. 461; Schmidt v. Deegan, 69 Wis. 300, 34 N. W. 83. Actual and constructive. In the law of sales, actual delivery consists in the giving reni possession of the thing sold to the vendee or his servante or special agents who are identified with him in law and represent him. Constructive delivery is a general tenn. comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law, equivalent to acts of reni delivery. In this sense constructive delivery includes symbolic delivery and ali those traditiones fietœ which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of lien and stoppage in transitu, such as marking and setting apart the goods as belonging to the vendee, charging him with warehouse rent, etc. Bolin v. Huffnagle, 1 Rawle (Pa.) 19. A constructive delivery of personalty takes place when the goods are set apart and notice given to the person to whom they are to be delivered (The Titania, 131 Fed. 229, 65 C. C. A. 215), or when, without actual transfer of the goods or their symbol, the conduct of the parties is such as to be inconsistent with any othelr supposition than that there has been a change in the nature of the holding. Swafford v. Spratt, 93 Mo. App. 631, 67 S. W. 701; Holliday v. White, 33 Tex. 459. Symbolical delivery. The constructive delivery of the subj'ect-matter of a sale, where it is cumbersome or inaccessible, by the actual delivery of some article which is conventionally accepted as the symbol or representative of it, or which renders access to it possible, or which is the evidence of the purchaser's title to it; as the key of a warehouse, or a bili of lading of goods on shipboard. Winslow v. Fletcher, 53 Conn. 390, 4 Atl. 250; Miller v. Lacey, 7 Houst. (Del.) 8, 30 Atl. 640.

— Delivery boud. A bond given upon the seizure of goods (as under the revenue laws) conditioned for their restoration to the defendant, or the payment of their value, if so adjudged.

— Delivery order. An older addressed, in England, by the owner of goods to a person holding them on his behalf, requesting him to deliver them to a person named in the order. Delivery orders are chiefly used in the case of goods held by dock companies, wharfingers, etc.

The transfer of a deed to the grantee in his behalf, — either absolute, or to a third escrow; a transfer of goods from seller to symbolical, as by delivery of a key, a bill of Delivery bond: a bond conditioned for the into possession of the law, but restored to the of their value.

1. The act by which the possession of goods is transferred, as from the seller to the buyer. It may be actual, or symbolic, as by key or bill of lading. 2. The transfer of a deed to the grantee or his agent. If to a third person, to hold until the performance of some condition, the delivery is by way of escrow.

[Lat. traditio; L. Lat. deliberatio.] In conveyancing. One of the essential requisites to the validity of a deed. 2 Bl. Com. 306, 307. This may be either absolute, that is, to the party or grantee himself, or to a third person, to hold till some conditions be performed on the part of the grantee, in which last case it is not delivered as a deed but as an escrow; that is, as a scrowl or writing which is not to take effect as a deed till the conditions be performed, and then it is a deed to all intents and purposes. Id. ibid. 1 Steph. Com. 459, and note. 4 Kent's Com. 454. Smith on Contracts, 7. 2 Hilliard's Real Prop. 282, 287. See Livery, Sealed and delivered, Traditio, Escrow.

conveyancing, is the transferring of a deed from the grantor to the grantee: or the delivery may be made and accepted by an attorney. This is indispensably necessary to the validity of a deed. As to the form, the delivery may be by words without acts; as, if the that as my deed,” it will be a sufficient delivery; or it may be by acts without words, and therefore a dumb man may deliver a deed. Wood. B. 2,c. 3. A delivery may-be either absolute, as when it is delivered to the grantor himself; or it may be conditional, that is, to a third person to keep until same condition shall have been performed by the grantee, and then it is called an escrow, (q. v.) See 2 Bl. Com. 306; 4 Kent, Com. 446; Cruise, Dig. tit. 32, c. 2, 8. &7.