Where deed is handed over to grantee, but extrinsic evidence shows that deed is to take effect at death of grantor, a few courts have held that there was no delivery - that the transfer was testamentary. Oral conditions are enforceable. After condition is satisfied, there is an operative conveyance deemed to have been delivered at the time of the conditional delivery. If condition is not satisfied, there is no delivery. But condition not satisfied.
Earlier deed is in subsequent taker's chain of title.
Subsequent taker not on record notice of earlier deed. Earlier deed not in subsequent taker's chain of title. The rule of inquiry notice provides that one who has information from any source suggesting the existence of a prior conveyance must make a reasonable investigation. A purchaser who fails to do so will be held to the knowledge that such an investigation would have disclosed. In a few jurisdictions the rule is otherwise re immediate recipient of a quitclaim deed.