Grant

[L. Lat. concessio.'\ In a large sense, the passing of a thing from one person to another. In this sense, it comprehends feoflfments, bargains and sales, gifts, leases, &c., for he that gives or sells grants also, Shep. Touch. 228. Story, J., 4 Maaw Cs R. 69. In a more strict and proper sense, a species of common law conveyance, appropriate to the transfer of incorporeal heredi* taments, (as rents, 6cc.,) and of estates in eipectancy, (as reversions and remainders,) in corporeal hereditaments, of which no lirery, (that is, delivery,) can be made. 2 Bl. Com. 311. l Steph.Com.474. Hence these hereditaments and estates are said to lie in grants while corporeal hereditaments in possession are said to lie in livery. Id. ibid. Co. l Att. 172 a. Shep. Touch. 228. Watkins' Conv. 193. 4 Kenfs Com. 490. The appropriate and operative words of a grant are, " have given and granted," (anciently, dedi et concesei.) 2 Bl. Com. ub. sup. 1 Steph. Com. ub. sup. In the United States, the term grant continues, in general, to be specifically applied to the conveyance of incorporeal hereditaments, and to letters patent from government. In New- York, however, by the flevised Statutes, this ancient and distinctive meaning of the word has been abrogated, and deeds of bargain and sale, and of lease and release, including all conveyances of the inheritance or freehold, are declared to be deemed grants. 1 Rev. St. [738.] 731. §§ 137, 138, 142. 4 Kmt's Com. 491, 492. So in Massachusetts, the term grant in a statute, means the transfer of lands or houses by deed or other effectual conveyance, and does not apply exclusively to incorporeal hereditaments. 2 Hilliard's Real Prop. 297. So, in New- Hampshire and Maine. Id. ibid. GRANT OF PERSONAL PROPER- TY. A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 Bl. Com. 440, 441. Its proper legal designation is an assignment, or bargain and sale. 2 Steph. Com, 102. To GRANT. [L. Lat. concedere.] An operative word of conveyance, particularly appropriate to deeds of grant, properly so called, but used in other conveyances also, such as deeds of bargain and sale, and leases. See Grant, Bargain and Sale, Lease. According to Lord Coke, the word concessi (I have granted) may amount to a grant, a feoffment, a gift, a lease, a release, a confirmation, a surrender, &o.; and it is in the election of a party to use it to which of these purposes he will. Co. Litt. 301 b. It is the general operative word of conveyance in New- York. 4 Rentes Com. 491. It was formerly held, in England, to amount to a covenant in law. See Concessi. But by a late act of parliament, it iis declared not to imply any covenant in law in respect of any tenements or hereditaments, except in cases where, by act of parliament, it is declared that it shall have such effect Stat. 8 & 9 Vict. c. 10, s. «. In Pennsylvania, the words, "grant, bargain and sell," in a conveyance, have been held not to amount to a general warranty, but merely to a covenant that the grantor has notdone any act, nor created any incumbi*ance whereby the estate granted by him may be defeated. 2 Binney's R. 95. And the same rule prevails in Delaware and Missouri. Holthouse Law Diet. (Am. ed.) See 2 Hilliard's Real Prop. 366.