70-1-512. Constructive delivery. Though a grant is not actually delivered into the possession of the grantee, it is considered constructively delivered in the following cases:
     (1) when the instrument is, by the agreement of the parties at the time of execution, understood to be delivered and under circumstances that the grantee is entitled to immediate delivery; or
     (2) when it is delivered to a stranger for the benefit of the grantee and the grantee's assent is shown or may be presumed.

     History: En. Sec. 1457, Civ. C. 1895; re-en. Sec. 4601, Rev. C. 1907; re-en. Sec. 6848, R.C.M. 1921; Cal. Civ. C. Sec. 1059; Field Civ. C. Sec. 470; re-en. Sec. 6848, R.C.M. 1935; R.C.M. 1947, 67-1514; amd. Sec. 2056, Ch. 56, L. 2009.