plLL to compel the defendant to deliver up a paper, purporting to be a deed given by their testator the father of the defendant to him for lands, directed by his will to be sold by his executors : For that the said paper was not the deed of the father. The testimony rendered it very probable that the father had signed the deed, but the proof of delivery which was offered, was, that after signing it he left it on the table, where if. remained all night, and in the morning was taken up and put awaj by ,the father.
Johnston, Judge,
The cases cited to prow this a delivery do not come up to what is wished. This is not a del'mry in law, and I believe, from the circumstances, was not so intended by the father. He knew a deed without delivery was not t ffcctual, but his children who were dissatisfied at the prospect 0/ his marrying again, did not know it, and the old man adopted this mode of procuring his peace.
Decree according to the ptaycr of the bill.