ALMAND, Justice.
1. On the trial, the court charged the jury as follows: "I charge you that actual or constructive delivery of a deed, in order for such deed to be valid, must be made during the lifetime of the grantor; and that, if you find from the evidence submitted to you in this case that the grantor, J. R. Estes, did not deliver the deed to the defendant, Mrs. Ethel Estes Keesee, prior to his death, then there could have been no delivery, and you would be authorized...
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