Fischer v. Union Tr. Co.

138 Mich. 612, 101 N.W. 852 (1904)

 

RULE:

A gift of realty can be consummated only by the execution and delivery of a deed.

FACTS:

Claimant's father deeded title to property to Claimant, who is incompetent, for one dollar, prior to his death. A deed was recorded after the father's death due to taxes owed on the property.

ISSUE:

Was the claimant in position to enforce the executory contract in the deed against her father while he was alive, and to enforce it against his estate after his death, or to recover damages at law for nonperformance?

ANSWER:

No.

CONCLUSION:

The consideration was meritorious, but is not sufficient to compel the performance of a purely executory contract. The deed was a gift, and the gift was consummated by its execution and delivery. The title to the land, subject to the mortgages, passed as against all except the grantor's creditors. The gift was expressly made subject to the mortgages, and coupled with it was a promise to pay them. This promise has no additional force because it is contained in the deed.

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