This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If a grantor causes a deed to be recorded with the actual or presumed assent of the grantee, such act amounts to a delivery.1 Thus if grantee sends a deed to grantor for execution, and asks him to have it recorded, delivery to the recorder is delivery to the grantee.2 If the actual assent of grantee to such recording is shown delivery is conclusively presumed.3 Recording raises a prima facie presumption of assent of grantee, which is sufficient in the absence of evidence to the contrary.4 The presumption of delivery is especially strong in case of a voluntary deed, as to a grantee's wife5 or children.6 If, however, it can be shown that the grantee, being of full age and of sound mind, knew nothing of the existence or recording of such deed, the mere act of recording it will not make it take effect until he assents thereto.7
2Reeves' Estates, Ill Ia. 260; 82 N. W. 912. To the same effect, see Sharmer v. Mcintosh, 43 Neb. 509; sub nomine, Sharmer v. Johnson, 61 N. W. 727.
3Delaplain v. Grubb, 44 W. Va. 612; 67 Am. St. Rep. 788; 30 S. E. 201. The evidence did not contradict the presumption of delivery arising on these facts but strengthened it.
4 Triple Link, etc., Association v. Williams, 121 Ala. 138; 77 Am. St. Rep. 34; 26 So. 19; Kirkman v. Bank, 2 Cold. (Tenn.) 397.
5 Triple Link, etc., Association v. Williams, 121 Ala. 138; 77 Am. St. Rep. 34; 26 So. 19.
6Garthwaite v. Bank, 134 Cal. 237; 66 Pac. 326.
1Gulf, etc., Co. v. O'Neal, 131 Ala. 117; 90 Am. St. Rep. 22; 30 So. 466; Brady v. Huber, 197 Ill. 291; 90 Am. St. Rep. 161; 64 N. E. 264; McReynolds v. Grubb, 150 Mo. 352; 73 Am. St. Rep. 448; 51 S. W. 822.
2 Prignon v. Daussat, 4 Wash. 199; 31 Am. St. Rep. 914; 29 Pac 1046.
3 Brady v. Huber, 197 Ill. 291; 90 Am. St. Rep. 161; 64 N. E. 264.
4 McReynolds v. Grubb, 150 Mo. 352; 73 Am. St. Rep. 448; 51 S. W. 822; Sweetland v. Buell, 164 N. Y. 541; 79 Am. St. Rep. 676; 58 N. E. 663.