Delivery of the Deed Hypotheticals

  1. One month ago, Sal (seller) and Barb (buyer) agreed in a contract that Sal would deliver a deed to Blackacre when Barb paid $400,000. Barb paid Sal $400,000 last week but Sal has not executed the Deed. Who owns the land?
  1. Suppose that Sal executed the deed but Sal held onto the deed and never gave it to Barb nor made any statements about delivering the deed. Barb paid the $400,000. Who owns the land?
  1. Suppose that Barb never paid the $400,000 but stated to Sal: AI promise to pay you tomorrow.@ Sal handed over the deed, stating Aok, the land is yours@. Who owns the land?
  1. In the preceding hypothetical, does it matter whether Barb made the statement fraudulently? Suppose Barb made the statement (AI will pay you $400k tomorrow@) with no intent of ever paying the money. Sal handed over the deed and stated AGreat, Blackacre is yours.@ Who owns the land?
  1. Sal woke up in a good mood one morning and saw Ann walking by. He took out a blank deed, filled in Ann=s name and handed it to Ann, stating AI give you my land.@ The deed is proper in form, signed & describes Whiteacre, land that Sal has good title to. Who owns the land?
  1. Sal executed a deed and Barb paid $400,000. Sal then stated: ABlackacre is now yours,@ but never handed over the deed. Moments later, Sal burned the deed. Who owns the land?
  1. On Monday, Sal stated ABlackacre is yours when you pay me $1 million@ and Sal retained physical possession of the deed. Barb paid Sal $1 million on Tuesday. Sal never handed over the deed. Who owns the land?
  1. Rosengant v. Rosengant (slightly modified): AHarold stated, I=ve executed a deed of the farm to you. It=s yours when I die. Retrieve the deed and record it at that time.@ Harold died, Jay retrieved the deed and recorded it. Who owns the land?
  1. Sal handed an executed deed to Barb stating Alook this over and see if it=s acceptable@. Barb recorded the deed. Barb then conveyed the property to Carl for $100,000 (Carl is an innocent purchaser without knowledge of the prior facts). Does Carl own Blackacre?
  1. On June 1st, Grantor delivered a deed to her lawyer stating: AYou may deliver this deed to the grantee when the grantee pays you $100,000 on my behalf.@ Grantee paid the $100,000 on June 6th. Who owns Blackacre? If the answer is grantee, when did grantee become the owner?

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  1. Sal handed an executed deed to Barb, stating: ABlackacre is yours if you promise to pay me $80,000 by next Tuesday.@ Barb stated: AI promise.@ Who owns Blackacre?
  1. Grantee is a con artist and gave grantor a fake check for $100,000. Grantor handed over the deed saying ABlackacre is yours.@ Grantor discovered later the same day that Grantor was defrauded and commenced a quiet title action, asserting Grantor still owns Blackacre. Who owns Blackacre on the day the complaint is filed?

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