NC · jury_instructions
N.C.P.I.—Civil 850.50
DEEDS - ACTION TO SET ASIDE - LACK OF VALID DELIVERY.
The (state number) issue reads:
"Did (name grantor) fail to make a valid delivery of (identify deed)
to [(name grantee)] [someone on (name grantee's) behalf]?
On this issue the burden of proof is on the plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, that
(name grantor) failed to make a valid delivery of (identify deed) to
[(name grantee)] [someone on (name grantee's) behalf]1
No valid delivery is made if
[(name grantor) did not intend2 to pass (identify deed) from his
possession and beyond his legal control]3
[(name grantor) failed to pass (identify deed) from his possession
(during his lifetime)4 with the intent that it be accepted by [(name
grantee)] [someone on (name grantee's) behalf].5
Finally, as to the (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
(name grantor) failed to make a valid delivery of (identify deed) to
[(name grantee)] [someone on (name grantee's behalf], then it would be
your duty to answer this issue "Yes" in favor of the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 850.50 (August 2004). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e5b0799b6b78cf0305b228a550b0a7e5ce86daaafb7ab32a9525b667540ab9bb
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