Anderson v. Anderson
Supreme Court of North Dakota
435 N.W.2d 687 (1989)
Julia deeded her farm to James in 1934 (never recorded), then purportedly deeded the same farm again in 1951 to Ida and Willie (defendants), who promptly recorded but never took possession; James's heirs, Merton and Karen (plaintiffs), who had continuously possessed the farm, sued to quiet title, and the trial court presumed Ida and Willie's recorded 1951 deed alone established their good-faith, valuable-consideration purchase.
Whether, when a seller purports to sell real property to a buyer after previously transferring the same property to another person, a deed recording the purported subsequent sale creates a presumption that the buyer acted in good faith and paid valuable consideration for the property.