Delivery of the deed being essential to its validity and the question having been put in issue by the pleadings, it would seem that the matter should have been submitted to the jury for determination. Lynch v. Johnson, 171 N. C., 611, 89 S. E., 61. Indeed, it may be doubted whether the defendant ever acquired title to the property under the deed in question, it appearing that the “conditions precedent to the vesting of the title” have not been met. Helms v. Helms, 135 N. C., 164, 47 S. E., 415. But, however this may be, the issue of delivery remains undetermined on the record.

New trial.