case Hawksland against GATCHEL easter term Elizabeth roll a write Obligatory  may he deliver as a escrow by the obligor to the obligee to hecome the deed of  the obligor when the obligee have perform the condition under which the escrow  be deliver and the obligee can maintain a action upon it until these condition  be perform more say vide   light a note ante pl post pl contra see also   roll  ab more Noy hob style Mod dyer Bac Abr wood Conv sheep touch post debt upon a  obligation the defendant plead that he deliver that obligation to the  plaintiff as a escrow to he his deed if he perform such a condition videlicet  to permit he to enjoy such corn and allege that the condition be not perform  and so not his deed and hereupon the plaintiff demurrer clerk for the  plaintiff argue that one can deliver a deed to the party himself to he a  escrow and to that purpose cite the Henry pl Edward pl where it be say that  this condition can be aver upon the delivery to the party himself in avoidance  of the deed without show a deed thereof gawdy there be not any difference  where it be deliver to the party himself as all escrow and where to estranger  and the case of Henry be so because the deed be deliver to the party himself  first as his deed upon condition c in which case the deed be absolute and take  effect as his deed upon the first delivery and it can be avoid by the  condition but when it be first deliver as a escrow although it he to the party  himself it be clear that it be not his deed until it he perform and so be  Henry dyer in morris and leighs case Popbam accord for if upon the delivery  the word speak by the obligor purport that it shall not he his deed it be  clear it be not as where one cause a obligation to he write and seal in my  name and bring it unto I and pray that I will deliver it as my deed and I say  do you such a thing and take it as my deed otherwise not it be clear that it  be not my deed until the thing he perform so if the obligor say take it to you  I will not deliver it as my deed it be not his deed wherefore in the principal  case when the obligation be deliver as a escrow by express word it be not  possible that it shall he his deed for the word be not sufficient to make it  so until the condition he perform croak Elizabeth but if it he once deliver as  his deed it can afterward he defeat by a condition if the condition he not in  write but here the condition be precedent so as it be not his deed until it be  perform and therefore a conditional delivery may he aver without write  wherefore c Fenner to the same intent for although difference have be take  that a deed shall not he deliver to the party himself as a escrow but to a  stranger and the reason have be allege because whorl it S deliver to the party  himself there can be a second delivery whereupon the write shall take his  effect as a deed that seem to he no diand rence for when it be deliver to the  party as a escrow the word be not sufficient to make it to he his deed until  the condition he perform wherefore c and of that opinion be Clench wherefore  it be adjudge for the defendant vide ante Whyddons case