Definition of ESCROW


ESCROW

conveyancing, contracts. A conditional delivery of a deed to a
stranger, and not to the grantee himself, until certain conditions shall be
performed, and then it is to be delivered to the grantee. Until the
condition be performed and the deed delivered over, the estate does not
pass, but remains in the grantor. 2 Johns. R. 248, Perk. 137, 138.

2. Generally, an escrow takes effect from the second delivery, and is to
be considered as the deed of the party from that time, but this general
rule does not apply when justice requires a resort to fiction. The relation
back to the first delivery, so as to give the deed effect from that time,
is allowed in cases of necessity, to avoid injury to the operation of the
deed, from events happening between the first and second delivery. For
example, when a feme sole makes a deed and delivers it as an escrow, and
then marries before the second delivery, the relation back to the time when
she was sole, is necessary to render the deed valid. Vide 2 Bl. Com. 307, 2
Bouv. Inst. n. 2024, 4 Kent, Com. 446, Cruise, Dig. t. 32, c. 2, s. 87 to
91, Com. Dig. Fait, A 3, 13 Vin. Ab. 29, 5 Mass. R. 60, 2 Root, R. 81, 5
Conn. R. 113, 1 Conn. R. 375, 6 Paiges R. 314, 2 Mass. R. 452, 10 Wend. R.
310, 4 Green]. R. 20, 2 N. H. Rep. 71, 2 Watts, R. 359, 13 John. R. 285, 4
Days R. 66, 9 Mass. R. 310 1 John. Cas. 81, 6 Wend. R. 666, 2 Wash. R. 58,
8 Mass. R. 238, 4 Watts, R. 180, 9 Mass. Rep. 310, 2 Johns. Rep. 258-9, 13
Johns. Rep. 285, Cox, Dig. tit, Escrow, Prest. Shep. Touch. 56, 57, 58,
Shep. Prec. 54, 56, 1 Prest. Abst. 275, 3 Prest. Ab. 65, 3 Rep. 35, 5 Rep.
84.


Source: Bouviers Law Dictionary 1856 Edition

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