Question

An owner of a parcel of land instructed his lawyer to draw up an instrument deeding the land to his friend's "nieces." The owner acknowledged the deed before a notary and signed it. As directed by the owner, the lawyer recorded the deed and then returned it to the owner. The owner put the deed in the drawer of his desk, intending to present it to the friend's nieces when they came to visit him next month.

The following week, however, the owner died, leaving his daughter as his sole heir at law. The daughter discovered the deed to the land in the owner's desk. She filed an appropriate action to quiet title in the land, naming the friend's only two nieces as defendants. The only evidence presented at the trial was the deed itself, the evidence of recordation, and the lawyer's testimony regarding the owner's intent.

Who should the court rule owns the land?

A. The nieces, because recordation of a notarized deed is prima facie evidence of delivery.
B. The nieces, because a deed is prima facie valid absent evidence to the contrary.
C. The daughter, because the evidence is insufficient to support a valid delivery.
D. The daughter, because the grantees in the deed are too indefinite.

Answer 1

The nieces, because a deed is prima facie valid absent evidence to the contrary

Step-by-step explanation:

According to Wikipedia definition, A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property.

For the fact that the man in question gave a verbally and legal request which was executed and officially endorsed apprpriately, the subsequent action taken is null and void.

There should be a copy filed with the court where the deed is signed and attested. That particular copy validates that the nieces of the man is entitled to those parcel of land.