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LJIW 



^ CM \p. III. Of TV//? fy Alienation. Of Alienations in 

 grnrra'. By Deed, and the several sorts of Deeds. 



Adtri. 

 what; 



, ::- 



?? Mailer o/' Record. By Special Custom. By De- 

 ite. By Administration and Ejcecntorship. 



1 . A deed is an instrument in writing, sealed, signed, 

 and delivered by the parties ; by which real or per- 

 sonal pcpperty may be alienated from one party, and 

 conveyed to another : or some privilege or authority 

 granted to a particular person, or any number of per- 

 *oo> ; but it is then more properly called a charter 

 (carlo) from its materials. 



2. The requisites of a deed are, 1. Sufficient parties, 

 with legal authority to convey, and a thing or subject- 

 Blatter contracted for ; ail of which must l>e expressed 

 by sufficient names ; the parties by their additions or 

 residences, degree, or profession; and absolutely in cste 

 at the time the deed is made. But if a man gets ano- 

 ther name by common esteem, besidi s his real Chris- 

 tian and Kuniame, a deed made under such acquired 

 name will be. good. 8. The cuiuidcration is the quid 

 >r pro quo of any contract ; which must be lawful, and 

 such a* the law esteems an equivalent, as marriage, 

 money, or work done, A nudum pactum is a bare 

 agreement to do or pay a sum of money on one side, 

 without a compensation on the other, w "hich is totally 

 void in law. 3. The matter written must be orderly 

 and legally set forth. 



3. The component parts of a deed are, 1. The pre- 

 mita in which are included the parties ; the recital of 

 deeds or facts that concern the conveyance, and the 

 consideration* upon which the deed i^ 'founded ; then 

 the thing granted. 8. The habendum and teiundum sets 

 tonh the quantity- and quality of the estate granted ; 

 and thi depend* much upon the wording : as, To have 

 ltd to hold to him and hit heirs, creates a lee simple: To 

 tart and to hold to kirn and the heirt of hit body, an 

 Mate tail : To have and to hold to him for ner, an estate 



: the conveyance is to a sole body |x>- 

 r corporate, the word mccetton must be used in lieu 

 of the word keir. The rtddendum is the terms of stipula- 

 tion or reservation to the grantor of a rent or other tiling. 

 *. ThecoacitiMM, which i* cither rxprei.-, or implied. .'.. 

 The Karraniu, which isacovenant-rcnl annexed to Linda 

 and tenements, whereby a man and hi- lu-irs arc bound 

 to warrant the same. 6. The covenants, u hereby cither 

 of the panic* stipulates for the truth of certain facts ; 

 or bind* himself t |x rt'orm, or give something to the 

 party with w!i..m he cxrvcnants. 



4. Livery of seuiu, is the corporeal delivery of the 

 poatmiuB of a thing conveyed, which ceremony is ab- 

 solutely necessary where a freehold passes at common 

 law ; for if a man die before be has made an entry upon 

 the hereditaments, unfeoffed, his heirs shall not be en- 

 titled to enter, but the heir of him last seised ; and this 

 is MM reason why a freehold cannot commence in fu- 

 turo at common law ; for if a freehold be expectant 

 upon a term of years, livery must be given to the re- 

 mainderman, who is immediately seized of his free- 

 hold at the same time the termor is seized of his term. 

 It is usual to indorse the livery of seisin on the back of 

 the deed, specifying the manner, place, and time of 

 making it, together with the names of the witnesses. 



Ds*dmhcf 5. Some deeds serve to convey real property, some 

 y/*' "* only to charge or discharge it. 



6. Original conveyances are, 1. Feoff ntenlt. 2. Gijts. 

 3. Grant*. 4. Ltaits. 5. EjccHangci. 6. Partitions.*- 



Derivative are, 7- Releases. 8. Confirmations. 9. Sur- 

 renders. 10. Assignments. 11. Revocations. 



7. Feoffment is a conveyance of the actual possession , 



of an hereditament ; therefore it can only be adopted convey pro- 

 where livery of seisin can be had of the thing convey- perty, 

 ed ; so that a person must be in the actual seisin, to Feoffment. 

 pass the seisin to another. 



8. A gift is properly a conveyance of lands in tail, Gift, 

 and when founded upon no valuable consideration, is 

 void to those that were creditors at the time of the do- 

 nation, but valid as to subsequent ones. 



9. A grant is the common law conveyance of those Gf ant. 

 things of which no livery can be made ; as of rever- 

 sions and remainders, and other incorporeal heredita- 

 ments, all of which are said to lie in grant. 



10. A lease is the granting possession of any tene- Lease, 

 ment to a person for life, years, or at will. A lease for 



life, being a freehold, must pass by livery. 



11. An exchange, is a mutual grant of equal interests, Exchange, 

 as an estate of inheritance for an estate of inheritance, 



a chattel interest for a chattel interest, &c. ; entry is 

 absolutely necessary to complete the exchange; for if 

 either party die before entry, it is voidable by his heir; 

 and if both die, it is ipso facto void. 



12. A partition is the division of an estate held in Partition. 

 joint-tenancy, in coparcenary, or in common, that each 

 tenant may hold in severality. 



13. A re/ease is the relinquishment of a right or in. Release. 

 terest in lands or tenements to another who has an 

 estate in possession in the same lands and tenements. 



14. A confirmation is a conveyance of an estate, or Confirma- 

 right I'M esse, that one has in or to lands, to another tlon< 

 that has the possession thereof, or some estate therein, 

 whereby a voidable estate is made sure and unavoida- 

 ble. It is also defined to be the approbation or assent 



to an estate already created. 



15. A surrender is the yielding up of a less estate by Surrender. 

 one in possession, to him who has a greater estate in 



the same lands ; as the surrendering of a particular 

 estate to the rcversioner or remainder- man. 



16. An assignment is a transfer, or making over to Assign- 

 another, of the whole right one has in any estate. ment ' 



17. A revocation is the execution of a power reserved aBdRevoca- 

 by the grantor to himself or some other person in a tion - 

 former deed, of calling back the estate. A defeasance 



is a collateral deed made at the time of making some 

 other conveyance, containing certain conditions, by 

 the non-performance of which the estate becomes for- 

 feited. 



18. Conveyances by statute, depend much on the To which 

 doctrine of uses and trusts, which are a confidence re- may be add - 

 posed in the terre-tenant, or tenant of the land, that he ^^b?' 

 shall dispose of the profits according to the direction of ttat , lte * 

 Cestui que lue, (i. e. of him to whose use any other man 



Ls enfeofTed of lands or tenements,) or Cettui que trust. 

 The statute of uses, having transferred all uses into 

 possession, (or rather having drawn the possession to 

 the use,) has given birth and operation to three other 

 species of conveyance. 1. A covenant to stand seized. 

 2. A bargain and sale enrolled. 3. A lease and release. 

 A covenant to stand seised to an use is, where a person 

 covenants to stand seised to the use of another, in con- 

 sideration of blood or marriage, A bargain and sale 

 differs from the covenant to stand seised, as it must be 

 in consideration of money, though that consideration be 

 only nominal ; and the use so limited must be to the 

 bargainee. As a release of lands can only be given to' 

 him who has the possession or seisin, it is necessary, 



