United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wood v. Owings & Smith, 5 U.S. 1 Cranch 239 239 (1803)

Wood v. Owings & Smith

5 U.S. (1 Cranch) 239

Syllabus

A deed executed on 30 May, 1800, but not acknowledged until 14 June following, is to be considered as made 30 May, and was not within the provisions of the act of Congress for the establishment of a uniform system of bankruptcy, passed 4 April, 1800, which came into effect on 1 June, 1800, a commission of bankruptcy having issued against the grantor on 12 July, 1800.

It is a well established doctrine of the common law that a deed becomes complete when sealed and delivered. It then becomes the act of the person who executes it, and whatever its operation may be, it is his deed. The very act of livery which puts the paper into the possession of the party for whose benefit it is made seems to require the construction that it has become a deed.

Page 5 U. S. 250