Gilbert v. McSpadden
Court of Civil Appeals of Texas
91 S.W.2d 889 (1936)
Tom Gilbert signed deeds in 1927 conveying land to his three children (defendants) but never recorded them and continued treating the land as his own; in 1931 he traveled to a daughter's house apparently intending to deliver the deeds for recording, but died in his sleep that night before doing so, and his children found and recorded the deeds the next morning. Georgia Gilbert (plaintiff), as administratrix of Tom's estate, sued claiming the estate still owned the land since the deeds were never delivered; the trial court ruled for the children, and Georgia appealed.
Whether, to constitute delivery of a deed, the facts and circumstances must show that the grantor intended for the deed to be presently operative and effective.