654 D E 
fattum, becaufe it is the moft folemn and authentic aCt 
that a man can poflibly perform, with relation to the 
difpofal of his property ; and therefore a man fhall al¬ 
ways be eftopped by his own deed, or not permitted to 
aver or prove any thing in contradiction to what he has 
once fo folemnly and deliberately avowed. Plozud. 434. 
If a deed be made by more parties than one, there ought 
to be regularly as many copies of it as there are parties, 
and each Ihould be cut or indented (formerly in acute an¬ 
gles, injiar dentium, like the teeth of a faw, but at prefent 
in a waving line) on the top or fides, to tally or corre- 
fpond with the other; which deed, fo made, is called an 
indenture. Formerly, when deeds were more concife than 
at prefent, it was ufual to write both parts on the fame 
piece of parchment, beginning at the middle, and con¬ 
tinuing to the contrary ends, with fome word or letters 
of the alphabet written between them, through which 
the parchment was cut, either in a ftraight or indented 
line, in fuch a manner as to leave half the word on one 
part and half on the other. Deeds thus made were de¬ 
nominated fyngrapha by the canonifts, and with us chiro- 
grapka, or hand-writings. The word cirographum or cyro- 
graphum being ufually that which is divided in making 
the indentures of a fine. See the article Chirograph, 
vol. iv. p. 502. But at length indenting only came into 
ufe, without cutting through any letters at all; and it 
feems at prefent to ferve for little other purpofe, than to 
give name to the fpecies of the deed. When the feveral 
parts of an indenture are interchangeably executed by 
the feveral parties, that part or copy which is executed 
by the grantor is ufually called the original , and the reft 
counterparts •, though of late it is mod frequent for 
all the parties to execute every part, which renders them 
all originals. A deed made by one party only is not in¬ 
dented, but polled or ihaved quite even ; and therefore 
called a deed-poll, or a Angle deed. Litt. 371-2. 
A deed-poll is faid to be a deed teftifying that only one 
®f the parties to the agreement hath put his feal to the 
fame, where fuch party is the principal or only perfon, 
whofe confent or aft is neceffary to the deed : and it is 
therefore a plain deed, without indenting, and is ufed 
when the vendor, for example, only feals, and there is 
no need of the vendee’s fealing a counterpart, becaufe 
the nature of the contract is fuch, as to require no cove¬ 
nant from the vendee. Co. Lit. 55. The feveral parts of 
deeds by indenture, are belonging to the feoffor, grantor, 
or leffor, who have one ; the feoffee, grantee, or leffec, 
who have another ; and fome other perfons, as truftees, 
a third, &c. and the deed-poll which is Angle, and of 
but one part, is delivered to the feoffee, or grantee. 
All the parts of a deed indented, in judgment of law, 
make but one intire deed; but every part is of as great 
force as all the parts together^ and they are efteemed the 
mutual aCts of either party, who may be bound by either 
part of the fame, and the words of the indenture are the 
words of either party. But a deed-poll is the foie deed 
of him that makes it, and the words thereof Aiall be 
faid to be his words, and bind him only. Plcwd. 134. 
The ftrft requifite of a deed is, that there be perfons 
able to contract and be contracted with, for the purpofes 
intended by the deed ; and alfo a thing, or fubjeCt mat¬ 
ter, to be contracted for; all which miift be expreffed by 
fufficient names. Co. Lit. 35. So as in every grant, there 
muft be a grantor, a grantee, and a thing granted ; in 
every leafe, a leffor, a leffee, and a thing derailed. Some 
perfons are difabled to contract by common-lav/, and 
fome by ftatute; fome abfolutely, and fome fecundum 
quid only ; as in cafe of infants, feme coverts, idiots, 
perfons non compos mentis, aliens, tenants in tail, ecclefiaf- 
tical perfons, and others; fome of which may not make 
any deeds or eftates by them at all, others but fo and fo 
limited and qualifted. 32//s/z.VIII. c.28. 
Difabilities to make deeds, are chiefly amongft perfons 
of non-fane memory, infants, aliens, women who have 
hulbands, men who have wives, perfons born deaf and 
E D. 
dumb, perfons attaint of treafon or felony, or, jn a pra* 
munire, clerks convict, tenant in tail, eccleftaftical per¬ 
fons, as bifhops, parfons, and the like, with refpeCt to 
lands which they hold as fuch ; joint-tenants, tenants in 
common, coparceners, diffeifors, diffeifees, See. See all 
thefe different articles. 
He who has only an eftate for his own or another’s 
life, or a leafe for years of land, may give, grant, or 
charge it at his pleafure for fo long as his eftate lafts; 
and it will be good to all purpofes, and againft all per¬ 
fons for that time. And a man who has an eftate in land 
to him and his wife, and his heirs, may make what eftate 
he will of it, and this will be good againft all but his 
wife, and that for her life only. Co. Lit. 42. Perk. 182. 
The king for the greatnefs of his perfon, is difabled 
to take by deed in pais ; and therefore if a feoffment be 
made to him there, and livery of feiftn be made upon it, 
this will" be void; but he is to take by matter of record, 
which is of an higher nature than a deed. Leafes made 
to the king by colleges, deans and chapters, or any other, 
having a fpiritual or eccleftaftical living, againft 13 Eliz. 
c. 10, are reftrained by the fame add, as well as leafes 
made to common perfons. 5 Co. 14. The names of the 
parties to deeds ferve to diftinguilh perfons, and to make 
the perfon intended certain; yet miftakes in this, unlefs 
they be very grofs, will not hurt, nihil facit error nominis 
cum de corpore conjlat. 2 Buljl. 302. Co. Lit. 3. But if the 
name of baptifm or furname be miftaken, as John for 
Thomas, See. this is dangerous. Moor^o^. It is alfo 
prudent to add the addition of each party, as the place 
of reftdence, with his or her degree, profeflion,or myftery. 
There are many deferiptions of grantors and grantees ; 
as 1 ft. proper names of baptifm and lurnames, and the 
names of corporations, or bodies politic or corporate. 
Secondly, names of dignities, office, and the like. And 
thefe will admit a deferipiion made good by reputation. 
And fo land will pafs to one, by the name of a /on, who 
is a bafiard\ fo to one by the name of a wife, who is not 
a wife, 27 Edw. III. 85. if they be reputed or known 
by that name. Hob. 32. 
There muft be fuch a perfon in e/fe at the time of the 
deed made as is named, and the parties muft be able to 
give, and capable to receive, that which is given or grant¬ 
ed by the deed. Co. Lit. 2. And therefore if an annuity 
be granted to the right heirs of J.S. he being then liv¬ 
ing, this is void; for there is none fuch, nor can be whilft 
he lives. Perk. 52. 
The deed muft be founded upon good and fufficient 
con/deration. Not upon an ufurious contract, nor upon 
fraud orcollufton, either to deceive purchafers bona fide, 
or juft and lawful creditors ; 13 Eliz. c. 5. 27 Eliz. c. 4. 
any of which bad conftderations will vacate the deed, 
and fubjeCt fuch perfons, as put the fame in ure, to for¬ 
feitures and imprifonment. A deed alfo or other grant, 
made without any conftderation, is as it were, of no ef¬ 
fect ; for it is conftrued to inure, or to be effectual only 
to the ufe of the grantor himfelf. Perk. 533. In deeds, 
the conftderation is a principal thing to give them effeCt; 
and the foundation of deeds ought always to be honeft. 
That a deed was executed upon a corrupt agreement, 
dehors the deed, may be averred in pleading. See the 
cafe of Collins and Blantern, a new and very peculiar 
cafe. 2 Wilfi. 341. 
The deed muft be written, or (as is the cafe at prefent 
with many inftruments, fuch as bonds, policies of infu- 
rance, &c.) printed ; for it may be in any character, or 
any language ; but it muft be upon paper or parchment. 
For if it be written on ftone, board, linen, leather, or the 
like, it is no deed. Co. Litt. 229. All the matter and form 
of a deed, muft be expreffed before the fealing and deli¬ 
very of it; for if a man feals and delivers an empty 
piece of parchment or paper, although he therewithal 
gives commandment that an obligation or other matter 
fhall be written in it, which is done accordingly, yet this 
will not make it a good deed. Co.Lit.iqi . Perk, 118. 
Moor 
