Reed v. Gunter
In Reed v. Gunter, 101 W. Va. 514, 133 S.E. 123 (1926), the fact that the grantor remained in possession of the land was also considered among numerous other factors.
The grantor in Reed had retained control of the deed instrument, and the deed was found among his private papers at his death.
The grantor's retention of the document raised "a presumption that the deed was never intended to pass the grantor's title. . . ." Id. at 518, 133 S.E. at 124.