Rice v. Neether

McEvers, Justice.

[¶ 1] Cory Rice appeals the district court’s judgment quieting title to real property in Joyce Neether. Because Rice failed to establish the deeds were delivered and N.D.C.C. § 47-09-06 creates a rebut-table presumption that a deed has been delivered at its date only after delivery has been separately established, we affirm.

I

[¶ 2] Cory Rice is Joyce Neether’s grandson. Joyce Neether and her late husband, Alvin Neether, raised Rice at their farm. Alvin Neether. was diagnosed with ALS in 2009. Sometime before July 29, 2009, Joyce Neether contacted attorney Wayne Enget to draft…