Sec 679

A deed delivered with the understanding that it is not to be effective until a condition is performed is called an escrow.4 Such delivery must be to a third party as custodian of the deed; or the deed may be retained as an escrow by the grantor himself, with the understanding that on the condition being performed it shall be delivered to the grantee.5 That such is the intention may be proved by parol.6 A deed delivered as an escrow takes effect, so far as the capacity of the grantor is concerned, from the time of its original delivery, and not from the time of the happening of the condition.7 Hence, where the grantee, a woman, after delivering a bond on condition, and before the happening of the condition, married, the bond was held valid.8 And where either party dies after the depositing of an escrow, and before the happening of the condition, the deed takes effect from the time of the original delivery.9 The title, however, is not perfected in the grantee until the

An escrow is a deed delivered on condition.

1 McMichael V. Carlyle, 53 Wis. 504.

2 Summers V. Darne, 32 Grat. 791.

3 Lowber V. Connit, 36 Wis. 176; Rogers V. Rogers, 52 Wis.

4 Wh. on EV. sec 927-30; 1 Ch. on Con. 11th Am. ed. 4; Gudgen V. Bes-sett, 6 E. & B. 986; Bowker V. Burde-kin, 11 M. & W. 128; Wheelwright V. Wheelwright, 2 Mass. 447; Mills V. Gore, 20 Pick. 28; Shaw V. Hayward, 7 Cush. 170.

5 .Murray V. Stair, 2 B. & C. 82; S. C, 3 S. & R. 278; Ford V. James, 2 Abb. N. Y. Ap. 159; Beall V. Poole, 27 Md. 645; Demesmey V. Gravelin, 56 Ill. 93.

6 Wh. on EV. sec 930; Murray V. Stair, 2 B. & C. 82; Gudgen V. Bassett, 6 E. & B. 986; see, as qualifying this view, Braman V. Bingham, 26 N. Y. 483; Miller V. Fletcher, 27 Grat. 403; Gibson V. Partee, 2 DeV. & Bat. L. 530.

7 Wheelwright V. Wheelwright, 2 Mass. 447; Foster V. Mansfield, 3 Met, 412; Black V. Hoyt, 33 Oh. St. 203; see Crooks V. Crooks, 34 Oh. St. 610.

8 Leake, 2d ed. 138; Graham V. Graham, 1 Ves. Jur. 275.

9 Russell V. Rowland, 6 Wend. 666; Hunter V. Hunter, 17 Barb. 25; Kirk-man V. Bank, 2 Cold. 397. That a deed may be deposited to take effect on grantor's death, see Foster V. Mansfield, 3 Met. 412; Stephens V. Rine-hart, 72 Penn, St. 434; Latham v, Udell, 3.3 Mich. 238, happening of the condition.1 Hence, when a deed which is handed over as an escrow is delivered irregularly to the grantee before the happening of the condition, no title passes.2 - A deed may be delivered as an escrow to an attorney acting for all the parties;3 but generally if there be a delivery as an escrow, it must be a delivery to a third party, or the representative of a third party.4 - A mere expectation that something will be done with a deed by the grantee, does not convert it into an escrow.5 - The grantor, when the deed has been placed in the hands of a third party as an escrow, cannot, after the happening of the act on which delivery is conditioned, prevent delivery taking effect, by getting possession of the deed.6.