Grant

A generic term applicable to all transfers of real property.

8 Washb. R. P. 181, 853.

A transfer by deed of that which cannot the great seal, granting something from the king to a subject.

Cruise, Dig. tit 33, 34.

A technical term made use of in deeds of conveyance of lands to Import a transfer. 3 Washb. R. P. 378; Harlowe v. Hudgins, 84 Tex. 107, 19 S. W. 364, 31 Am. St Rep. 21. “This word is taken largely where anything is granted or passed from one (the grantor) to another (the grantee). And in this sense it doth comprehend feoffment, bargains and sales, gifts, leases, charges, and the like; for he that doth give or sell doth grant also.... And so some grants are. of the land or soil itself; and some are of some profit to be taken out of, or from the soil, as rent, common, etc.; and some are of goods and chattels; and some are of other things, as authorities, elections, etc.”; Shepp. Touchst.

228.

The term grant was anciently and in strictne.ss of usage applied to denote the conveyance of incorporeal rights, and it is the appropriate word for that purpose. Such rights are said to lie in grant, and not in livery; for, existing only, in idea, in contemplation of law, they cannot be transferred by livery of possession. Of course at common law, a conveyance in writing was necessary; hence they were said to lie in grant, and to pass by the delivery of the deed. By the act of 8 & 9 Viet. c. 106, § 2, and also by statute in some states, as New York, Maine, and Massachusetts, all corporeal hereditaments are said to lie in grant as well as in livery.

See Sandford v. Travers, ^ N. Y. 140; Bates v. Foster, 69 Me. IGO, 8 Am. Rep. 40G.

Grant is now therefore both sufiicient, and technically proper, as a word of conveyance of a freehold estate, and in the largest sense the terra comprehends everything that is granted or passed from one to another, and is now applied to every species of property. But although the proper technical word, its employment is not absolutely necessary, and it has been held that other words indicating an intention to grant will answer the purpose; Wms. R. P. 6th Am. ed.

201; 5 B. & C. 101.

As to the effect of the word grant in conveyances and how far any covenant is Implied therefrom, see Covenant. Grant was one of the usual words in a feoffment; and a grant differed but little from a feoffment except in the subject-matter; for the operative words used in grants are dedi et concessi, “have given and granted.” But the simple deed of grant has superseded the ancient feoffnient, leases, and releases which were used to convey freehold estates in possession.

See, generally, 1 Dav. Conv. 73; 2 id. 76.

The word is also applied in the case of copyholds to indicate the acceptance by the lord of a person as tenant. It is termed an ceding tenant; and voluntary grant when the land is in possession of the lord discharged from all rights of any tenant, or as it is termed “in hand;” in that case the lord regrants the land to the new tenant to be holden by copy of court roll. A grant of personalty is a method of transferring personal property, distinguished from a gift, which is always gratuitous, by being founded upon some consideration or equivalent Such grants are divided as to their subject-matter into grants of chattels real, which includes leases, assignments, and surrenders of leases, and grants of chattels personal, which consist of transfer of the right and possession of them whereby one renounces and the other acquires all title and Interest therein.

2 Sharsw.

Bla. Com. 440, and see also id, notes 1, 2, and 3. Such a grant may be by parol; 3 M. & S. 7; but they are usually by assignment or bill of sale in writing. The proper legal designation of such a grant is an “assignment” or bargain or sale; 2 Steph. Com. 102. Office grant applies to conveyances made by some officer of the law to effect certain purposes where the owner is either unwilling or unable to execute the requisite deeds to pass the title. Among the modes of conveyance included under office grant are levies and sales to satisfy execution creditors, sales by order or decree of a court of chancery, sales by order or license of court, sales for non-payment of taxes and the like.

See Blackw.

Tax Title, passim; 3 Washb. B. P. 208.

Private grant is a grant by the deed of a private person. See Deed. Public grant is the mode and act of creating a title in an individual to lands which had previously belonged to the goveniment The public lands of the United States and of the various states have been to a great extent conveyed by deeds or patents Issued in virtue of general laws; but many specific grants have also been made, and were the usual method of transfer during the colonial period.

See 3 Washb. R, P. 181; Johnson v. Mc Intosh, 8 Wheat. (U. S.) 643, 6 L. Ed. 081; Worcester v. Georgia, 6 Pet (U. S.) 648, 8 L. Ed. -483. Nothing passes by Implication; New York v. Tax Com’rs, 199 U. S. 37, 25 Sup. Ct 705, 50 L. Ed. 65, 4 Ann. Gas. 381.

See Land Grant. Uninterrupted possession of land for a period of twenty years or upward, has been often held to raise a presumption of a grant from the state; Tubbs v. Lynch, 4 Harr. (Del.) 521; Doe v. Roe, 20 Ga. 467, 65 Am. Dec. 693; Barplay v. Howell, 8 Pet (U. S.) 498, 8 L. Ed. 477; Scales v. Cockrill, 3 Head (Tenh.) 432; Von Rosenberg v. Haynes, 86 Tex. 357, 20 S. W. 143; Brown v. Oldham, 123 Mo. 621, 27 S. W. 409. warrant, order, or permission to survey, possess, or settle, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by patent pursuant to a law; Strother v. Lucas, 12 Pet. (U. S.) 410, 9 L. Ed. 1137.

See 9 Ad. & E. 632; Dudley v. Sumner, 6 Mass. 472; Tbeaty.

The term grant is also applied to the creation or transfer by the government of such rights as pensions, patents, charters, and franchises. See Chit. Prerog. 384; and also these several titles. The word grant is also sometimes used with reference to the allowance of probate, and the issue of letters testamentary, and of administration, as to which see the several titles relating thereto.