Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    The transfer of possession from one to another. See 27 W. Va. 75. Release from imprisonment.

  • Black's Law Dictionary: 2nd Edition

    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.