540 A.2d 120 | Me. | 1988
Elaine Grover, the defendant, the grantee named in a deed purporting to convey the Wiscasset residence of Zoya Walter, the plaintiff, appeals from a judgment of the Superior Court, Lincoln County, in favor of Walter on Count I of her complaint.
A deed must be delivered in order for a conveyance of title to occur. Paine v. Paine, 458 A.2d 420, 421 (Me.1983). “[T]he term ‘delivery’ describes that point in time at which the parties manifest their intention to make the [deed] ... operative and effective....” Id. Legal delivery of a deed requires that the grantor transfer the deed to or for the benefit of the grantee with the intent to vest that title in the grantee. St. Pierre v. Grondin, 513 A.2d 1368, 1369 (Me.1986). The grantor’s intention is a question of fact to be determined from his or her words and actions. Id. That determination of fact will be upheld on appeal unless it is clearly erroneous. Harmon v. Emerson, 425 A.2d 978, 982 (Me.1981); M.R.CIV.P. 52(a). We will not disturb the trial court’s factfinding “that is supported by any credible evidence if the [factfinder] could rationally reach the result it did.” True v. Ladner, 513 A.2d 257, 265 (Me.1986) (emphasis added).
The record before us contains ample credible evidence to support the Superior Court’s determination that Zoya Walter did not intend to vest title in Elaine Grover when she gave her the executed deed. Just a few days before she gave the deed
The entry is:
Judgment affirmed.
All concurring.
. Walter brought a four-count complaint against Grover seeking legal and equitable relief. Count I alleged that there was no legal delivery of the deed and fraud. Count II was a claim for conversion. Count III alleged intentional infliction of emotional distress, and Count IV alleged undue influence. The court found for Walter on Count I and for Grover on Counts II, III and IV.