Assent

contructs, is an agreement to something that has, been done before. It is either express, where it is openly declared; or implied, where it is presumed by law. For instance, when a conveyance is made to a man, his assent to it is presumed, for the following reasons; 1. Because there is a strong intendment of law, that it is for a person’s benefit to take, and no man can be supposed to be unwilling to do that which is for his advantage.—2. Because it would seem incongruous and absurd, that when a conveyance 1s completely executed on the part of e grantor, the estate should continue in him.—3. Because it is contrary to the policy of law to permit the freehold to remain in suspense and uncertainty.

2 Ventr. 201; 3 Mod. 296; 3 Lev. 284; Show. P. C. 150; 3 Barn. & Alders. 31; 1 Binn. R. 502.

A dissent properly expressed would prevent the title from passing from the tor unto the grantee.

12 Mass. R. 461. See 3 Munf. R. 345; 4 Munf. R. 332, pl. 9; 5 Serg. & Rawle, 523; 20 Johns. R. 184.

The rule requiring an express dissent does not apply however when the grantee is bound to pay a consideration for the thing granted.

1 Wash. C. C. Rep. 70.