Voluntary

1.

In accordance with one's own free will; without constraint or compulsion; spontaneous; free; chosen, intended; allowed, suffered. Opposed, involuntary: as, a Toluntary, and, in some senses, involuntary — answer, assignment, association, confession, conveyance, curtesy, escape, ignorance, manslaughter, negligence, nonsuit, oath, payment, sale, servitude, waste, qq. i'. " Voluntary " means spontaneously, of one's own will, without being moved, influenced, or impelled by others. ■" Voluntarily. Used alone in a certificate of acknowledgment, is not the equivalent of " her own free will and accord, and without fear," etc."

1 1 Greenl. Ev. § 193. 2 2 Bl. Com. 145. ' United States v. Wormer, 13 Wall. 29 (1871). ^ • United States v. Peck, 102 U. S. BS (1880), cases. ' Smith V. United States, 2 Wall. 230 (1864). • Slaughter r. Gerson, 13 Wall. 383 (1871); Fitzpatrick V. Flannagan, 106 U. S. 600 (1882). ' Stack V. O'Hara, 98 Pa. 234 (1881). 8 Swift Co. V. United States, 111 U. S. 29 (1884); Chicago, &c. R. Co. V. United States, 104 id. 687 (1881); 108 id. 487. See also 69 Ga. 517; 34 La. An. 182; 11 Cush. 386, 550. • See 4 Kent, 628.

S. Without consideration — a valuable or adequate consideration; gratuitous: as, a ■voluntary — conveyance, deposit, settlement, trust, qq. v. Volunteer. One who receives a voluntary conveyance,! that is, a conveyance made without a good or valuable consideration. In contests between different volunteers equity will generally not interfere, but leaves the parties where it finds them as to title — their equities being equal. Equity favors a transterree for value, as against a mere voluntary contract of any nature, except, perhaps, n settlement upon wife and children. Exceptions are made, in the cases of bona pie grantees for value, without notice, from volunteers — such innocent persons always being favorites in equity.^ See especially Convktanoe, S; Settle, 3.