(specially concurring). I concur in tire affirmance of the judgment. The plaintiff’ challenges the finding of the trial court that the deed was not delivered. Upon'the record this was largely an issue of fact. The trial court, in my opinion, did not err in so finding. See McManus v. Commow, 10 N. D. 340, 344, 87 N. W. 8; Druey v. Baldwin, 41 N. D. 473, 172 N. W. 665, 182 N. W. 700.