Vinson v. Smith

The case was tried below on the theory of a resulting trust. Plaintiff’s evidence tends to show that Dr. Ralph Reid >and his wife executed a deed to these lots to plaintiff, but there is no evidence in the record that this deed was ever delivered. No such deed is recorded. “Delivery is essential to the validity of a deed of conveyance. Both the delivery of the instrument and the intention to deliver it are necessary to a transmutation of title.” Elliott v. Goss, 250 N.C. 185, 108 S.E. 2d 475.

Plaintiff alleges in paragraph four of her complaint: “4. That although the purchase price for said…