I concur in the result announced in the opinion of Mr. Justice Steere, upon the ground that the testimony fails to establish a delivery of the deed, in escrow, by the grantor. If the delivery was established, then, in my opinion, a different conclusion and result would be inevitable. I do not concur in that portion of the opinion which proceeds upon the assumption that the deed was delivered in escrow.
Brooke, Kuhn, and Bird, JJ., concurred with Ostrander, J.