Federal Land Bank of Columbia v. Griffin

Brogden, J. What is the legal effect of the due and proper registration of a conveyance of land? *267 Tbe plaintiff asserts that there was no delivery of the deed from "W. D. "Welch to his wife and sons, and hence the mortgage deed to the plaintiff constituted a prior lien upon the premises. “The delivery of a deed is essential to its validity, and is said to be 'its tradition from the maker to the person to whom it is made, or to some person for his use.’ That is to say, the maker of the deed must part with the possession and control of the instrument with the intention of giving effect to it. . . . This Court has consistently held that registration of a deed is prima facie evidence of delivery, but that such is not conclusive between the parties, and that an injured party may attack the execution and delivery of the deed and show, if possible, that in fact there was no delivery.” Burton v. Peace, 206 N. C., 99. “The presumption of delivery arising from the registration of the deed may be rebutted by evidence showing that the registration was inadvertent or fraudulent.” Gulley v. Smith, 203 N. C., 274, 165 S. E., 710. In the case at bar there was no evidence that the registration of the deed in controversy was “inadvertent or fraudulent.” The bare fact that the grantor, the father and husband of the grantees, remained in possession of the land, cultivating the same until his death, and that the recorded deed was found among his papers either before or after his death, is not sufficient in probative value, to overthrow the presumption arising from registration. See McMahan v. Hensley, 178 N. C., 587, 101 S. E., 210. No error.