DEE 
fore no person shall be permitted to aver 
or prove any thing against his own deed. 
All the parts of a deed indented constitute 
in law but one entire deed ; but every part 
has the same operative force as all the parts 
taken together, and they are deemed the 
mutual or reciprocal acts of either of the 
parties, who may be bound by either part 
of the same, and the words of the inden- 
ture may be considered as the words of ei- 
ther party. If the name of baptism or sur- 
name of a party to a deed be mistaken, as 
John for Thomas, &c. this has been held to 
be dangerous. But any mistake as spelling, 
&c. not deviating from the substance of 
the deed, will not render it void. If a 
man get another name in common esteem 
than his right name, any deed made to him 
under such name will be valid. Every deed 
must be founded upon good and sufficient 
consideration; not upon an usurious con- 
tract, nor upon fraud or collusion, either to 
deceive bona fide purchasers, or just and 
lawful creditors ; any of which considera- 
tions will vacate the deed, and subject the 
parties to forfeiture, and in some cases to 
imprisonment. A deed also without any 
consideration is void. A deed must be 
written upon the proper stamps prescribed 
by the legislature, otherwise it cannot be 
given in evidence. 
The force and effect which the law of 
England gives to a deed under seal, cannot 
exist, unless such deed be executed by the 
party himself, or by another for him, in his 
presence, or with his direction, or in his 
absence, by an agent authorized so to do, 
by another deed also under seal, and in 
every such case the deed must be made and 
executed in the name of the principal. 
A deed takes effect only from the day of 
delivery, and therefore if it have no date, 
or a date impossible, the delivery will in all 
cases ascertain the date of it ; and if an- 
other party seal the deed, yet if the party 
deliver it himself, he thereby adopts the 
sealing and signing, and by such delivery 
makes them both his own. The delivery of 
a deed may be alleged at any time after the 
date, but, trnless it be sealed, and regu- 
larly delivered, it is no deed. Another re- 
tjuisite of a deed is, that it be properly wit- 
nessed or attested ; the attestation is, how- 
ever, necessary, rather for preserving the 
evidence, than as intrinsically essential to 
the validity of tire instrument. 
There are four principles adopted by the 
courts of law for the exposition of deeds ; 
mz, 1. That they be beneficial to tire gran- 
DEF 
tee or person in whose favour they are in- 
tended to operate. 2. That where the 
words may be employed to some interest, 
they shall not be void. 3. That the words 
be construed according to the meaning of 
the parties, and not otherwise ; and the in- 
tent of the parties shall be carried into ef- 
fect, provided such intent can possibly 
stand at law. 4. That they are to be con- 
sonant to the rules of law, and deeds shall 
be expounded reasonably without injury to 
the grantor, and to the greatest advantage 
of the grantee. Deeds are further ex- 
pounded upon the whole ; and if the second 
part contradict the first, such second part 
shall be void ; but if the latter expound or 
explain the foimer, which it may, both parts 
may stand. 
In construction of law, the first deed and 
the last will stand in force ; and wliere a 
deed is by indenture between parties, none 
can have an action upon such deed, but the 
person who is a party to it. In a deed- 
poll, however, one person may covenant 
with another, who is not a party, to do cer- 
tain acts ; for the non-performance of which 
he may bring his action. 
Where a man justifies title under any 
deed, he ought to produce that deed ; if it 
be alleged in pleading, it must be produced 
to the court, that it may determine whether 
the deed contain sufficient words to make a 
valid contract. 
DEER. See Cervus. 
DEFAMATION, the offence of speak- 
ing slanderous words of another ; and where 
any person circulates any report injurious 
to the credit or character of another, the 
party injured may bring an action to reco- 
ver damages proportioned to the injury he 
has sustained ; but it is incumbent upon the 
party to prove that he has sustained an in- 
jury, to entitle him to damages. In some 
cases, however, as for words spoken M'hich, 
by law, are in themselves actionable, as 
calling a tradesman a bankrupt, a cheat, or 
swindler, &c. there is no occasion to prove 
any particular damage, but the plaintiff 
must be particularly attentive , to state 
words precisely as they were spoken, other- 
wise he will be nonsuited. 
DEFAULT, is commonly taken for non- 
appeai-ance in court at a day assigned, if a 
plaintiff make default in appearance in a 
trial at law, he will be non-suited; and 
where a defendant makes a default, judg- 
ment shall be had against him by default. 
Default of jurors. If jurors made de- 
fault in their appearance for trying of 
