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BENJAMIN L. WESSON v. LEVI STEPHENS, ADMINISTRATOR OF CALEB LAWRENCE.

1. A delivery of a deed to a third person for the use of the grantee makes it effectual from the instant of such delivery, although the person is not the agent, but a stranger to the grantee, provided the grantee afterwards assents to it.

2. Where the grantor inserts in his deed a release for the purchase money, when he has not actually received it or taken a security for its payment, equity will give him relief.

(559) DANIEL, J.

A delivery of a deed to a third person for the use of the grantee makes it effectual from the instant of such delivery, although the person is not the agent, but a stranger to the grantee, provided the grantee assents to it, which in this case he did. Alford v. Lee, Cro. Eliz., 54; Garnons v. Knight, Barn. C., 671. The witnesses do not prove directly that the deed contained a release clause of the purchase money, but they say that the deed was "in due form." We must understand that it did contain such a release, and therefore that the plaintiff is entitled to the decree he prays.

PER CURIAM. Decreed accordingly.

Cited: Pritchard v. Sanderson, 84 N.C. 303; Lawson v. Pringle, 98 N.C. 452.

(560)

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WESSON v. STEPHENS
(Jun 1, 1843)