Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    A bargain or contract whereby land is transferred without livery of seisin. See 110 U. S. 471, 28 L. Ed. 198, 4 Sup. Ct. Rep. 210.

  • Black's Law Dictionary: 2nd Edition

    In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by Preston,) 221. A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 Washb. Real Prop. 128; Brittin v. Freeman, 17 N. J. Law, 231; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct 210, 28 In Ed. 198; Love v. Miller, 53 Ind. 296, 21 Am. Rep. 192; S'lifer v. Beates, 9 Serg. & R. (Pat) 176. The expression "bargain and sale" is also applied to transfers of personalty, in casea where there'is first an executory agreement for the sale, (the bargaim) and then an actual and completed sale. The proper and technical words to denote a bargain and sale are "bargain and seli;" but any other words that are sufficient to raise a use upon a vuiuable consideration are sufficient. 2 Wood. Co.nv. 15; Jackson ex dem. Hudson v. Alexander, 8 Johns. 484, 8 Am. Dec. 517.