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Social Studies, 28.02.2020 20:21 harmony000011
An owner of a parcel of land instructed his lawyer to draw up an instrument deeding the land to his friend's "nieces." The owner acknowledged the deed before a notary and signed it. As directed by the owner, the lawyer recorded the deed and then returned it to the owner. The owner put the deed in the drawer of his desk, intending to present it to the friend's nieces when they came to visit him next month.
The following week, however, the owner died, leaving his daughter as his sole heir at law. The daughter discovered the deed to the land in the owner's desk. She filed an appropriate action to quiet title in the land, naming the friend's only two nieces as defendants. The only evidence presented at the trial was the deed itself, the evidence of recordation, and the lawyer's testimony regarding the owner's intent.
Who should the court rule owns the land?
A. The nieces, because recordation of a notarized deed is prima facie evidence of delivery.
B. The nieces, because a deed is prima facie valid absent evidence to the contrary.
C. The daughter, because the evidence is insufficient to support a valid delivery.
D. The daughter, because the grantees in the deed are too indefinite.
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