Xenos v Wickham: HL 1866

Delivery of document in Escrow

Blackburn J said that a deed is delivered ‘as soon as there are acts or words sufficient to [show] that it is intended by the party to be executed as his deed presently binding on him.’
Lord Cranworth said: ‘The maker (of a deed) may so deliver it as to suspend or qualify its binding effect. He may declare that it shall have no effect until a certain time has arrived or until some condition has been performed, but when the time has arrived, or the condition has been performed, the delivery becomes absolute, and the maker of the deed is absolutely bound by it, whether he has parted with possession or not. Until the specified time has arrived, or the condition has been performed, the instrument is not a deed; it is a mere escrow.’

Blackburn J, Lord Cranworth
(1866) LR 2 HL 296
England and Wales
See AlsoXenos v Wickham 1862
. .
See AlsoXenos v Wickham 12-Jul-1862
. .
See AlsoStephanos Xenos And Another v Wickham, Chairman Of The Victoria Fire And Marine Insurance Company 18-Apr-1863
. .

Cited by:
CitedBolton Metropolitan Borough Council v Torkington CA 31-Oct-2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later.
Held: Under the 1985 Act completion would require writing, intention and . .
CitedAlan Estates Ltd v WG Stores Ltd and Another CA 1-Jul-1981
The proposed tenant wanted to get into possession, and was given a key and paid a quarter’s rent to the lessor’s solicitors to be held as stakeholders, before the lease had been formally granted. An undated lease and counterpart were executed and . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 11 November 2021; Ref: scu.188674