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Quit

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To abandon, relinquish, surrender, qq. V. To quit a service is to abandon it, not to leave it expecting to return the next day.* Referring to a notice to a tenant to give up possession of premises, has no technical meaning. Is generally necessary where the relation of landlord and tenant exists, and no definite period is fixed for the termination of the estate. Where a lease is to expire at a certain time, the notice is not necessary, because to hold over woifid be a wrong.* See Lease; Month; Notify. Quitclaim, v. To give up one's claim of title. n. A deed in the nature of a release, containing words of r^^^e and of grant." Conveys such inter^^s the grantor may have, without covenants of title; but covenants against incumbrances imposed by him are usually added. The operative words are "remise, release, and forever quitclaim." The term presupposes a previous or precedent conveyance or a subsisting estate and possession.' In Massachusetss, a deed of quitclaim passes all the estate which the grantor could convey by deed of bargain and sale. If he has in fact a good title, his 1 Wright u.

Mattison, 18 How. 56-59 (1855), cas«s, Daniel, J. = Qrton V. Smith, 18 How. 265 (1855), Grier, J.; Frost V. Spitley, 121 U. S, 656 (1887), cases. 3 Re Ch Ues, 22 Wall. 167 (1874). * Heber v. United States Flax Manuf..Co., 13 E. I. 305 (1881). " Gregg V. Ton Phul, 1 Wall. 281-82 (1863), Davis, J.; Harland v. Eastman, 119 111.

26 (1886). « See Nathans v. Arkwright, 66 Ga. 186 (1880). ' See Ely v. Stannard, 44 Conn. 533 (1877), Park, C. J.; deed conveys his estate as effectually 'as a deed of wai Tanty.' To charge a purchaser with notice of an unrecorded instrument, a secret lien or equity, his deed must purport to convey and quitclaim no more than the right, title or interest of the grantor. If the Kra'Qtor conveys no more than his title, the presumption is that he had doubt as to his rights and notice of some opposing claim; and he expresses that doubt upon the face of a quitclaim deed. The use of " give, grant, bargain and sell," in addition to " remise, release, and forever quitclaim " the right of the grantor, such as it may be, will not change the character of the conveyance. A "release " is in most States equivalent to the word "quitclaim." 2 The settled law of the Supreme Court is that one who takes by simply a quitclaim deed is not a bo Tia fide purchaser without notice.^ Quit-rent. A rent paid by a freeholder in consideration of which he went free from all other services.*