Whether a deed has been delivered is a question of fact determined by the intention of the executing party, which may be inferred from circumstances. A deed cannot be construed to imply escrow conditions; whether a deed was delivered in escrow must be determined by reference to express terms. In Australia, a grantor who has delivered a deed in escrow cannot revoke it by counter-offer, and mere lapse of time does not enable renunciation — equitable relief to have the deed delivered up for cancellation is required.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
2 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.