43-4-9. Constructive delivery of grant--Agreement of parties.
Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery.
Source: CivC 1877, §611, subdiv 1; CL 1887, §3234, subdiv 1; RCivC 1903, §927, subdiv 1; RC 1919, §529 (1); SDC 1939, §51.1307 (1).