Heck v. Morgan
In Heck v. Morgan, 88 W. Va. 102, 106 S.E. 413 (1921), the Court examined the issue of a conveyance of realty and explained that "possession of an instrument of this character by the grantee is prima facie evidence that it was delivered to him with the intention that it should convey the grantor's title. . . ." Id. at 112-13, 106 S.E. at 417.
The Court held that a condition that a deed would be valid only if a copy were furnished to the defendant was ineffective. 88 W. Va. at 112, 106 S.E. at 417.
Syllabus point three of Heck establishes: "A deed or other instrument conveying an interest in real estate cannot be delivered to the grantee in escrow. A delivery to him, even though stipulated to be upon certain conditions, will be treated as an absolute delivery." Id. at 102-03, 106 S.E. at 413.