This section contains the nature of the case and procedural background.

Noble died in 1904. In 1898 he executed a will but as part of that process had stated that his farm had been deeded to his son, Thomas. The deed in question was executed in 1897 and placed in the hands of a custodian who put the documents in an envelope with writing on the outside that the deeds were to be delivered after the death of the grantor. Thomas managed the farm from that date and even borrowed $3,000 to make valuable improvements. They both resided thereon until the father's death in 1904. The two daughters challenged the deed and it was declared null and void for want of delivery. Thomas appealed.

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