Eide v. Tveter

3 Citing cases

  1. Messmer v. Messmer

    2020 N.D. 62 (N.D. 2020)   Cited 4 times

    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.

  2. Cuna Mortg. v. Aafedt

    459 N.W.2d 801 (N.D. 1990)   Cited 21 times
    Affirming the district court's decision to grant a party's motion to vacate when the mistake was the fault of their attorney

    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.

  3. Dinius v. Dinius

    448 N.W.2d 210 (N.D. 1989)   Cited 19 times
    Holding psychological parent concept is applicable only in custody determinations between a natural parent and another party who is not a natural parent

    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.