Maxim 1.5.108
In the delivery of deeds, not what is said but what is done is regarded.
In traditionibus scriptorum, non quod dictum est sed quod gestum est inspicitur.
Source: 9 Co. 137; Jackson
Difficulty 2/5 — Approachable
Explanation
The legal effect of a conveyance is determined by the act of delivery, not by the words spoken at the time — substance prevails over accompanying declarations.
Where this applies
- A deed was handed over but someone argues the spoken words at delivery change its meaning.
- The physical act of delivering a document matters more than what was said during delivery.
Legal domains
Cite this maxim
NeCede Max. 1.5.108 — In the delivery of deeds, not what is said but what is done is regarded. — 9 Co. 137; Jackson (In traditionibus scriptorum, non quod dictum est sed quod gestum est inspicitur.)
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