47-09-09. Constructive delivery.
83 words·~1 min read·
/nd/title-47/chapter-47-09/47-09-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Though a grant is not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases:
1. When, by the agreement of the parties, the instrument is understood to be delivered at
the time of execution and the circumstances are such that the grantee is entitled to
immediate delivery; or
2. When it is delivered to a stranger for the benefit of a grantee and the grantee's assent
is shown or may be presumed.