Graham v. Graham
Decision Date | 25 February 1952 |
Docket Number | No. 38280,38280 |
Citation | 213 Miss. 449,57 So.2d 175 |
Parties | GRAHAM v. GRAHAM. |
Court | Mississippi Supreme Court |
Briefs filed by appellant, T. W. Graham, Blue Springs.
Hugh N. Clayton, New Albany, for appellee.
Appellant brought suit to cancel of record a conveyance of 1064 acres of land to his son, the appellee, upon the ground that said instrument has never been delivered to appellee. The chancellor denied the relief sought from which action the father appeals.
The facts developed at the trial are not in substantial dispute. The father prepared the deed and placed it of record. The son resides in California and did not even know of the existence of the deed until two years or more afterward. The deed was never delivered to the son. As soon as it was recorded it was delivered back to the father and he retained it in his possession. Later it was lost or misplaced but never got into the hands of the son.
In Harkreader v. Clayton, 56 Miss. 383, 390, 31 Am.Rep. 369, this Court said:
In our judgment this case is controlled by Lynch v. Lynch, 121 Miss. 752, 83 So. 807, 808, wherein this Court said:
In his decision of this case the chancellor relied and the appellee here relies upon the case of Wilbourn v. Wilbourn, 204 Miss. 206, 37 So.2d 256, 259, 775. Our conclusion does no violence whatever to the decision in the Wilbourn case. In that case the court clearly recognized the rule laid down in the Lynch case to the effect that the presumption arising from recordation disappears when it is shown that there has been no delivery to the...
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...Iowa 592, 107 N.W.2d 549 (1961); DuBois v. Larke, 175 Cal.App.2d 737, 346 P.2d 830 (1959); Thornton v. Rains, supra; Graham v. Graham, 213 Miss. 449, 57 So.2d 175 (1952); Hathaway v. Cook, 258 Ill. 92, 101 N.E. 227 (1913); McCune v. Goodwillie, 204 Mo. 306, 102 S.W. 997 (1907). See also Wat......
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McMillan v. Gibson
...187, p. 598. But this is a rebuttable presumption which disappears when it is shown that the deed was never delivered. Graham v. Graham, 213 Miss. 449, 57 So.2d 175; Martin v. Adams, 216 Miss. 270, 62 So.2d Lynch v. Lynch, 121 Miss. 752, 83 So. 807, relied upon by appellee, is not in point.......
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Martin v. Adams, 38619
...this presumption yields to the proof that the deed was never delivered. Lynch v. Lynch, 121 Miss. 752, 83 So. 807; Graham v. Graham, 213 Miss. 449, 57 So.2d 175. The proof is undisputed that Mrs. Adams, the life tenant, declined acceptance of the deed immediately upon being advised of its e......