Page:Federal Reporter, 1st Series, Volume 6.djvu/237

 BtJCKMAN 2;. RUCKMAN. 225 �BucKMAN by her next friend, etc., ». Buokma» and otliera. (areuit Court, D. Nma Jertey. March 23, 1881.) �1. Delivbrt oi Dbbd — EviDBiicB OF Ihtbntion. �It is not necessary, in order to constitute a dellvery of a dfled, thai it should be in foct banded over to the grantee, or tb a person in trust for him ; but, where there is no actual handingover of the deed, some act must be done, or word spoken, to indicate Bucb an inteut, in oider to make it effectuai. �2, SaMS — HUBBAND AND WlWB. �EM, therefffre, where a married man procured a mortgage to te ' taken in the name of a third person, and caused the same tb te as- signed to Msirifeibut retained possesBion and control of bqth the mortgage and assignment, that the mere promise to give the s^me to bis wife did not constitute a delivery. — [Ed. �In Equity. On Bill, etc. �NrxoN, D. J. This is a suit for the foreclosnre of a mort- gage, originally brought in the court of chancery of New Jer- sey by Margaret Euckman against James H. Marley, John P. Brylan, and the husband of the complainant, Elisha Euck- man, and removed into this court on the petition of the de- fendant Buckman.* �The bill alleges that in the month of September, 1878, the defendant Marley applied to Elisha Euckman for the loan of $5,000 on mortgage; that the loan was made, and in order to secure it the said Marley and wife executed a bond and mortgage to the defendant Brylan, bearing date September 28, 1878, and that shorlly afterwards the said Brylan made and executed an assignment of the same to the complainant, whereby the title to the bond and mortgage became vested in complainant. It further sets forth that the bond, mortgage, and assignment were not in the possession of the complain- ant, but were in the possession of the- defendants Euckman and Brylan, or one of them; that she was entitled to the same, and the money due thereon, as her separate estate, and prays that Euckman may be decreed to pass over to the complainant the original bond and mortgage, and assignment, �*See 1 FED. Rep. 367; Id. 587. v.6,no.3— 15 ��� �