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HERZING v. HESS

263 Wis. 617 (1953)

HERZING and others, Appellants, vs. HESS, Respondent.

Supreme Court of Wisconsin.

May 5, 1953.

Attorney(s) appearing for the Case

For the appellants there were briefs by Murphy & Gavin, attorneys, and Kenneth M. Orchard of counsel, all of Madison, and oral argument by Mr. Stephen E. Gavin and Mr. Orchard.

For the respondent there was a brief by Hill, Miller & Hill of Baraboo, and oral argument by James H. Hill.

BROADFOOT, J.

The sole question before us is whether or not the deed to Mabel Hess was ever delivered to her. Two principles of law are involved. To constitute a valid delivery of a deed the grantor must intend delivery and part with dominion and control over it. Darling v. Williams, 189 Wis. 487, 207 N. W. 255. Possession of a deed by the grantee raises a presumption that it was delivered to her to take effect according to its terms at the time of its execution...

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