McGorray v. Robinson

Deed—Delivery—Presumption.—A deed which was signed, acknowledged, and recorded on the day of its date, and produced in evidence by the grantee, carries with it the presumption that it was delivered on that day.

Id.—Action to Quiet Title-Deed to Plaintiff—Verified Admission —Trust Alleged—Proof—Finding against Evidence.—In an action to quiet title, in which the verified answer and cross-complaint of the defendant alleged title in the plaintiff by deed from defendant’s brother, and claimed a trust of plaintiff for defendant, a finding that neither party had any title or interest to be quieted, and that plaintiff was not the owner of the property, is against evidence, where the plaintiff proved a deed from the source of title alleged in the answer, carrying with it a presumption of delivery, and proved that he purchased and paid for the property, through an agent, thus showing title, prima facie, in himself, and where the defendant introduced no evidence, and failed to prove any interest in the property, or any trust therein, in any manner.

Id.—Title from Common Source.—Where it appears by the verified answer that both parties claim title through a common source, the plaintiff need not prove title in his grantor.