Assignment

[L. Lat assignatio.] In conveyancing. A transfer or making over by one person to another, of any property real or personal, in possession or action, or of any estate or right therein.* A transfer or making over to another of the right one has in any estate [in lands or tenements;] but it is usually applied to an estate for life or years, 2 Bl. Com, 326. Dr. Wooddeson restricts the proper meaning of assignment, to " the transfer of the interest which any one has in the unexpired residue of a term or estate for years, 2 Wooddes, Lect, 170, 171. See Wathyns on Conv, b.

2, ch. iz.

Mr. Stephen has otherwise modified the definition of Blackstone, making an assignment to be " properly a transfer or making over to another, of one's whole interest [in lands or tenements,] whatever that interest may be; but it is usually applied to express the transfer of an estate for life or years,** 1 Steph, Com, 485. A transfer or making over by one person to another, of a chattel personal, or chose in action; as of an article of merchandise, or household furniture, a ship, a copv-nght or patent right, a bond, a note, and the like.

2 Steph, Com. 104.

A transfer or making over by a debtor, of all his property and effects, to one or more assignees in trust for the benefit of his creditors.

2 Story* s Eq, Jur, ch. 28.

The instrument or writing by which a transfer of property is made. In real estate conveyancing, an assignment is a species of deed, and is classed by Blackstone and other writers, among common law conveyances of a secondary or derivative character.

2 Bl, Com, 810, 826.

In the transfer of personal property, the instrument of assignment is frequently of an equally formal character, though it is more commonly termed a hill of sale, (q. v.) 2 Steph, Com, 104. In some cases, however, it is made in the form of a mere note or memorandum, and in the case of a negotiable bill or note, the assignment is effected bv the mere endorsement of the assignors name.

Id, ibid, 105.

U, S. Digest, Assignment, II. In an assignment of real estate, the operative words are^ "^as^ign, transfer and set • o^«l'*;7t^.®'*S^**^*^Dy' ^^® ^^^ " grant" is •instfrtei;' bift*ah^ words which show an intention to pffi Bs the property, will amount to an assignment. Watkyns on Conv, (by Preston,) b.

2, ch. ix.

In assignments of chattels, the ordinary words are, " grant, bargain and sell, assign, transfer and set over." Id. ibid,