Public-domain · open source
OpenJurist

Deed

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A written instrument under seal, Containing a contract or agreement which Co. Litt. 171; 2 Bia. Com. 295; Shepp. Touchst.

50.

A writing containing a contract sealed and delivered to the party thereto.

3 Washb. R. P. 239.

A writing under seal by which lands, tenements, or hereditaments are conveyed for an estate not less than a freehold.

2 Bla. Com. 294.

A writing or instrument, written on paper or parchment, sealed and delivered, to prove and testify the agreement of the parties whose deed it is to the things contained in the deed.

American Button-Hole Overseaming S. M. Co. v. Burlack, 35 W. Va. 647, 14 S. E. 319. See Baker v. Westcott, 73 Tex. 129, 11 S. W. 157.

Any Instrument In writing under seal, whether it relates to the conveyance of real estate or to any other matter, — as, for instance, a bond, single bill, agreement, or contract of any kind, — is as much a deed as is a conveyance of real estate, and, after delivery and acceptance, is obligatory; Taylor v. Glaser, 2 S. & R. (Pa.) 504; Taylor v. Morton, 6 Dana (Ky.) 365; Davis v. Brandon, 1 How. (Miss.) 154. The term is, however, often used in the latter sense above given, and perhaps oftener than in its more general signification. Deeds of feoffment. See Feoffment. Deeds of grant. See Grant. Deeds indented are those to which there are two or more parties who enter into reciprocal and corresponding obligations to each other. See Indenture. Deeds of release or of quitclaim. See Release; Quitclaim. Deeds poll are those which are the act of a single party and which do not require a counterpart. See Deed Poll. Deeds under the statute of uses. See Bargain and Sale; Covenant to Stand Seised; Lease and Release. According to Blackstone, 2 Com. 313, deeds may be considered as conveyances at common laio, — of which the original are feoffment; gift; grant; lease; exchange; partition: the derivative are release; confirmation; surrender; assignment; defeasance, — or conveyances which derive their force by virtue of the statute of uses: namely, covenant to stand seized to uses; bargain and sale of lands; lease and release; deed to lead and declare uses; deed of revocation of uses. For a description of the various forms in use in United States, see 2 Washb. R. P. 607. Requisites of. Deeds must be upon paper or parchment; Warren v. Lynch, 5 Johns. (N. Y.) 246; must be completely written before delivery: Perminter v. Mc Daniel, 1 Hill (S. G) 267, 26 Am. Dec. 179; 6 M. & W. 216, Am. ed. note; 3 Washb. R. P. 239; but see Cribben v. Deal, 21 Or. 211, 27 Pac. 1046, 28 Am. St Rep. 746; Blank; and filing in grantee's name after delivery in escrow is sufficient; Burk v. Johnson, 146 Fed. 209, 76