Deed

1.

A thing done; an act; a matter of fact, as opposed to a matter of law: as, a condition, an estoppel, a seisin in deed.

Corresponds to the i Venoh pais, q. v. 2.

A writing sealed and delivered by the maker — the most solemn and authentic act a man can perform with relation to the disposal of property.' A writing, sealed and delivered; to be duly executed, must be on paper or parchment.' ■ Minnesota v. Bachelder, 1 Wall. 114 (1868). " Bartlett v. Crittenden, 5 Mc Lean, 32 (1849); Pulte v. Derby, ib.

328 (1862); Thomp Mns v. Halleck, 188 Mass. 82 (1882). = See 3 Bl. Com. 447; 1 id. SS2\ 2 id. 351. 'E. S. § 866: Judiciary Act, 1789, sec. 30. » United States v. Cameron, 15 F. E. 794 (1883); Warren V. Younger, 18 id. 862 (1884); 20 Blatch, 232." •United States v. Wilder, 4 Woods, 475 (1882): 14 P. E. 393. ' 2 Bl. Com. 295; Wood u.

Owings, 1 Cranch, 261 The word in itself imports a written instrument;'— a written instrument under seal, containing a contract of agreement whieh has been delivered by the party to be bound and accepted by the obligee or covenantee. ^ An instrument or agreement under seal.' This comprehensive meaning includes any writing imder seal; as, a bond, lease, mortgage, agreement to convey realty, bill of sale, policy of insm-anoe. In common use often limited to a writing, under.seal, transf erring real estate; a deed of conveyance of realty.

See Conveyance, 2; Title, 1.

In its largest sense includes a mortgage,* q. v. A "good deed" to land means, in a covenant, a conveyance sufficient to pass whatever right a party has in the land, without warranty or personal covenant; it does not imply the conveyance of a good title.' A " good and perfect deed " to land may intend the conveyance of a perfect title clear of all incumbrances, including a right of dower." A " good and sufficient deed " may refer either to the form of the conveyance or to the interest or title. ^ A "good and sufficient deed of warranty," or " with covenant of warranty," may also refer to the kind of deed or to the quality of the title.' A deed for a "sufficient title" means for a good title — with the usual covenants of warranty.* So as to a "good and sufficient conveyance." '" A " lawful deed " means a deed conveying a lawful and good title." Collateral deed. A defeasance, q. v.

Deed poll

A deed not indented, but cut even; a deed made by one party only: as, a sherif Ts deed.

See Poll, 1.

Deeds under the statute of uses.

See Use, 3. 1 Pierson v. Townsend, 8 Hill, 551 (1813). ' Mc Murty v. Brown, 6 Neb. 376 (1877). » Master v. Miller, 4 T. K. 345 (1791). See 1 Ark. 118; 42 N. J. E. 335; 25 Hud, 224; 5 Saw 608. <Hellman v. Howard, 44 Cal. 104 (1872); People v. Caton, 25 Mich. 391 (1872). ' Barrow v. Bispham, 11 N. J. L. 110, 119 (1889). • Greenwood v. Ligon, 18 Miss. 617 (1848); 31 id. ZTS, 532, 677. ' Brown v. Covilland, 6 Cal. 578 (1856); Brown v. Gammon, 14 Me. 279 (1837); Parker v. Mc Allister, 14 Ind. 16 (1859). s Tindall v. Conover, 20 N. J. L. 215-17 (1843); Joslyu V. Taylor, 33 Vt. 474 (1860); 86111. 69; 6 Mass. 494; 11 N. J. L. 119; 2 Johns. 5S5; 14 id. 224; 16 id. 269; 20 id. 130; 11 Vt. 47, 549. ' Ware v. Starkey, "80 Va. 196 (1885). " Gates V. Mc Lean, 70 Cal. 45, 50 (1886). "Dearths Williamson, 2 S.&K. 499 (1816); Withers V. Baird, 7 Watts, 229 (1838).

On void deeds, see Title deed. Any sealed evidence of title, q.

V.

Trust deed

An instrument that creates a trust, q. v.; also, a mortgage.

See also Composition, 3; Inspection, 3; Separation; Settlement, 3.

At common law, the general requisites of a deed are: 1. Persons able to contract and to be contracted with for the purposes intended, and a thing or subjectmatter to be contracted for, — all expressed by sufficient names.

2.

A sufficient consideration.

3.

Writing or printing upon paper or parchment.

4.

The matter must be legally and orderly set forth: there must be words sufficient to specify the agreement and bind the parties, which sufficiency the courts decide. The formal parts of a deed conveying realty are: (a) the premises — the names of the parties, recitals explanatory of the transaction, the consideration, the thing granted; (b) the habendum and tenedum (to have and to hold) — defining the nature of the grant; (c) the terms of stipulation upon which the grant is made — the reddendum or reservation; (d) the condition or contingency upon the happening of which the estate 'Will be defeated; (e) the icarranty securing the estate; (f ) the covenants — stipulating for the truth of facts, or that athingwillbedone; (g) the conclusion — mentioning the execution and the time thereof.

5.

Reading— when desired. 6, Sealing, and signing.

7.

Delivery— absolute or conditional.

8.

Attestation — for preserving evidence of the transaction. ^ The construction of a deed must be favorable, and as near the intent of the pa Vties as the rules of law admit; also reasonable, and agreeable to common understanding. Where the intention is clear too minute a stress is not to be laid upon the strict, precise signification of words.

False English will not vitiate

The construction is to be made upon the entire deed. When all other rules fail, the language will be taken most strongly against the party who proposes it. If the words bear different senses, that is preferred which is most agreeable to law. Of two repugnant clauses the first will be received.- A deed is to be so construed, when possible, as to give effect to the intention of the parties. That this may be done, the court will place itself in the situation of the grantor at the date of the transaction with his knowledge of the surrounding circumstances and of the import of the wprds used.' See further Acknowledgment. 2; Alter, 2; Bond; Cancel; Charter, 1: Condition; Consideration, 3; Covenant; Deliberation, 1; Delivery, 3; Description, 1; Duress; Escrow; Exception, 1; Grant, 2; Indenture; Influence; Insanity, 2(4); Instrument, 3; Parchment; Party, 2; Possession, Adverse; Premises; Presents, (1); Profert; Provided; Beading; Recital; Recording; Registry, 2; Relation, 1; Reserve, 4; Seal, Ij Sign; Specialty; Thence; Warranty, 1; Will, 2; Writing. '2Bl.-Com.

296-309. a 2 Bl. Com. 379-81; 3 Kmji; 422. ' Cilley V. Childs, 73 Me. 133 (1882), cases; Moses v. Morse, 74 id. 475 (1883); Moran v. Lezotte, 54 Mich. 86