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Indenture

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

Bouvier's Law Dictionary and Concise Encyclopedia

A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar Interests. Its name comes from a practice of indenting or scalloping such an instrument on the top or side In a waving line. This is not necessary in England at the present day, by stat.

8 & 9 Vic. c.

106, § 5, but was in Lord Coke’s time, when no words of indenture would supply its place; 5 Co. 20. In this a country it Is a mere formal act, not necessary to the deed’s being an Indenture.

See 143 5, 229 a; Cruise, Dig. t. 82, c. 1, s. 24; 2 Bla. Com, 294; 1 Steph. Com. 447.

For the method used, see Indent; Deed Poix. The form now in use, ‘’this indenture, made between A. and B.,” was used as early as Edward HI.

3 Holdsw. Hist E. L. 193.