To rebut a presumption of delivery arising from the recording of a deed, the opposing party must provide clear and convincing evidence. Eide v. Tveter , 143 F.Supp. 665, 669 (D.N.D. 1956). [ΒΆ13] The specific issue of whether the 320 acres should be included within the marital estate was raised below and contested in the district court.
The recording of a deed may create a rebuttable presumption of its delivery to, and its acceptance by, the grantee. Dinius v. Dinius, 448 N.W.2d 210, 216 (N.D. 1989) [quoting Eide v. Tveter, 143 F. Supp. 665, 671 (D.C.N.D. 1956)]. A failure to renounce a deed after knowledge of its existence may also in some circumstances be sufficient to show that a grantee accepted the deed.
Rule 52(a), N.D.R.Civ.P. John relies on Eide v. Tveter, 143 F. Supp. 665 (D.C.N.D. 1956), for the proposition that there is a presumption of delivery from the recording of a deed which can only be overcome by clear and satisfactory evidence. In Eide the grantor's original intention was to make a will, but after consultation with his attorney, a warranty deed subject to a reservation of a life estate in the grantor was prepared, signed, acknowledged, and left with his attorney for recording.