Doyle v. Carter

1. The plaintiff, not having raised at trial the issue whether the deed under which the defendants claim title was ever delivered to the grantee named therein, is not entitled to raise that issue for the first time on appeal. Milton v. Civil Serv. Commn. 365 Mass. 368, 379 (1974). John B. Deary, Inc. v. Crane, 4 Mass. App. Ct. 719, 724 (1976). In addition, it has been long settled, in the absence of any evidence to the contrary, that a deed is presumed to have been delivered on the date which the deed bears. Ashkenazy v. R.M. Bradley & Co. Inc. 328 Mass. 242, 247 (1952), and cases cited. The…