Deed

\L,\jsX, factum, charta; L.Fr. fait.l A writing sealed and dehvered by the parties.

2 Bl. Com, 296. 1 Steph, Com. 446.

A writing or instrument written on paper or parchment

sealed and delivered, to prove and testify the agreement of the party whose deed it is, to the things contained in the deed. Term£s de la ley, Shep. Touch, 50. — An instrument on parchment or paper comprehending a contract or bargain between party and party, and consisting of three things; writing, sealing and delivery.

Co, Litt. 171 b.

Blount, Wharton's Lex, — A writing [on parchment or paper and under seal,] containing a conveyance, bargain, contract, covenants, or matter of agreement between two or more.

Sh^. Touch, 50. Whishaw.

An instrament m writing upon paper or parchment

between parties able to contract, and duly sealed and delivered.

4 Kent^s Com, 452.

Anciently called a charter, (charta, or carta, q. v.) and termed a deed, nax* sioxn^, because it is the most solemn and authentic act that a man can possibly perform with relation to the disposal of his property.

2 BL Com, 295. 1 Sleph. Com, 446.

See U. S, Dig. and Supplement, Deed. See Factum, Fait, Scriptum, Writing, A deed is said to consist of three principal points, (without which it is no perfect deed to bind the parties,) namely, writing, sealing, and delivery.

Termes de la ley

Of these, sealing constitutes the principal distinction between a deed and any other contract.

Smith an Contracts, 6, 7. Skep, Touch, (by Preston,) 56.

Hence the rule that every agreement put in writing, sealed, and delivered becomes a deed.

Id, 51.

Hence, also, in pleading, a bond is denominated a deed. The term, however, is usually confined in its application to conveyances of real estate, or of some interest therein, such as feoffments, gifts, grants, bargains and sales, leases, releases and confirmations, <kc.

Shep, Touch, 51. 1 Steph, Com. 446, 466.

Other instruments under seal are properly only quasi deeds. Shep, Touch, (by Preston,) ub, sup, A mortgage is properly a deed, although in practice it is considered a distinct species of conveyance. See 4 Motoard's H, Bl, Whether it is essential that a deed be signed as well as sealed, seems to be still a question in English law. According to Sir W. Blackstone, signing seems to be now as necessary as sealing; but signing is not one of the necessary incidents to a deed enumerated by Lord Coke, and Mr. Preston and other modem writers hold it clear that no signatui;e is necessary.

2 Bl, Com, 306. Co, Litt, 35 b. Shep, Touch, (by Preston,) 66. Sugden on Powers, 304.

The question recently arose in England but was not determined.

2 Q, B, 580. Smith an Contracts, 5, note.

Mr. Smith observes that " it is probable that the signature of deeds will be ultimately held requisite, whenever their subject matter falls within statutes which expressly require it; but that in other cases sealing and delivery are alone essential." Id. i Ud, In American law it appears to be the prevai Ung doctrine that a deed must be signed as well as sealed.

4 Kent's Cam, 450, et seq. 2 Hilliard's Real Prop. 279.