onveying the use of land for a fixed period and on varying terms.
A deed should be completed before delivering it, the same rule applies
to most legal writings. Unimportant alterations may be made, and if
any are made, the question may prove difficult, are they important or
not. Of course if both parties agree to them, the validity of the deed
is not impaired. Whenever they do appear, in some states the law
presumes they were made before delivering the deed, but this is not
the rule everywhere.
Who can make or execute a deed? A minor cannot make a legal deed, and
if he attempts to do so he can avoid or set it aside after he becomes
of age whenever he acts with reasonable promptitude. If he does not
thus act, his delay will be regarded as a ratifying of his previous
action. What action will have this effect is a fact to be proved
whenever the controversy arises.
Usually a deed need not be read to the grantee, nor can he avoid it
because he did not know the contents, except when fraud has been
practised on him. To a blind or ignorant man a different rule applies.
The deed should be read to him, and if this is not done, or if it is
wrongly read to him, he can have it set aside in a proper legal
proceeding.
Delivery is essential; to do this two things are required. The
grantor must give up the deed and the grantee must actually accept it,
consequently the delivery of a deed after the grantor's death would
not be valid. There must be an actual delivery by him, and though a
deed may be completed in every other respect, it is not an effective
deed. A deed therefore stolen from one's drawer and delivered to the
grantee would not be valid, however innocent the grantee might be in
receiving it. Many difficulties have arisen in applying this rule.
When the question comes before a court, it seeks after the intention
of the parties, and is guided by it when ascertained. If therefore a
deed were lying on a table and the grantor should say to the grantee,
take it, and he did so, the delivery would be complete; but if he
should get it in a surreptitious way there would be no legal delivery.
Suppose a deed were mailed to the grantee, or handed to another person
to deliver to the grantee, this would be a good delivery.
As soon as the deed has been delivered, it should be taken to the
recorder's office to be recorded. Every state has offices in the towns
or counties for keeping a perfect copy of all deeds relating to the
transf
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