conveyance

The transfer of the title of land from one person or class of persons to another. The instrument for effecting such transfer. It is a general term, and comprehends the several modes of passing title to real estate. 54 Miss. 90. Every instrument in writing by which any estate or interest in land is created, aliened, or mortgaged, or by which the title to land may be affected at law or in equity, except lost wills and testaments, leases for not to exceed three years, and executory contracts for the purchase or sale of land. 1 Rev. St. N. Y. p. 762, § 38.

The transfer of the title of land from one person or class of persons to another. Dickerman v. Abrahams, 21 Barb. (N. Y.) 551; Abendroth v. Town of Greenwich, 29 Conn. 356. There is no magical meaning in this word; it denotes an instrument which carries from one person to another an interest in la ml; Cairns, L. C, in L. R. 10 Ch. App. 12. The instrument for effecting such transfer. It includes leases; Jones v. Marks. 47 Cal. 242; and mortgages; Odd Fellows Savings Bank v. Banton, 40 Cal. 003. When there is no express agreement to the contrary, the expense of the conveyance falls upon the purchaser; 2 Ve& 155, note; who must prepare and tender the conveyance. But see, antra, Fairfax v. Lewis. 2 Rand. (Va.) 20; Warvelle, Vend. 347. The expense of the execution of the conveyance is, on the contrary, usually borne by the dor; Sugd. Vend. & P. 296; contra, Fairfax v. Lewis. 2 Hand. (Va.) 20; Cooperv. Brown, 2 Mc Lean lit.". Fed. Cas. e Livermore v. Bagley, 3 Mass. 1^7; Dudley v. Mimner, 5 id. 472; Funom. 2. § 12. The forms of conveyance have varied widely from each other at different periods in the history of the law, and in the various states of the United States. The m ode at present prevailing in this country is by bargain and sale. A lease is a conveyance; Shlmer v. Town Marks, 47 Cal. 242; Crouse r. Michell, 130 Mich. 347, 90 N. W. 32, 97 Am. St. Rep. 479; Koeber v. Somers, 108 Wis. 497, 84 N. W. 991, 52 L. R. A. 512; Milliken v. Faulk, 111 Ala. 058, 20 South. 594; contra, Stone v. Stone, 1 R. I. 425 (under a general recording statute; and is it where a married woman's act requires a husband to join in all conveyances?); Heal v. Oil Co., 150 Ind. 483, 50 N. E. 482; Perkins v. Morse, 78 Me. 17, 2 Atl. 130, 57 Am. Rep. 7S0; Sullivan v. Barry, 46 N. J. L. 1; nor within meaning of an act declaring that no covenants shall be implied in any conveyance of real estate; Tone v. Brace, 11 Paige Ch. (N. Y.) 566; Mayor, etc., of City of New York v. Mabie, 13 N. Y. 151, 64 Am. Dec. 538; Shaft v. Carey, 107 Wis. 273, 83 N. W. 288. Where a statute allowed appeals in cases involving conveyances of real estate, it was held that an order directing a lease to be executed was not within the statute; Tuohy's Estate, 23 Mont. 305, 58 Pac. 722.

In pleading. Introduction or inducement.

In real property law. The transfer of the title of land from one person or class --of persons to another. Klein v. McNkmard, 54 Miss. 105; Alexander v. State, 28 Tex. App. 186, 12 S. W. 595; Brown v. Fitz, 13 N. H. 283; Pickett v. Buckner, 45 Miss. 245; Dickerman v. Abrahams, 21 Barb. (N. Y.) 551. An instrument in writing under seal, (anciently termed an "assurance,") by which some estate or interest in lands is transferred from one person to another ; such as a deed, mortgage, etc. 2 Bl. Comm. 293, 295, 309. Conveyance includes every instrument In writing by which any estate or interest in real estate is created, aliened, mortgaged, or assigned, or by which the title in any real estate may be affected in law or equity, except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. 1 Rev. St N. Y. p. 762, § 38; Gen. St. Minn. 1878, c. 40, § 26; How. St Mich. 1882, § 5689. The term "conveyance," as used in the California Code, embraces every instrument in writing by which any estote or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills. Civil Code Cal. § 1215.

— Absolute or conditional conveyance. An absolute conveyance la one by which the right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated or changed ; as an ordinary deed of lands, in contradistinction to a mortgage, which is a conditional conveyance. Bur-rill ; Falconer v. Buffalo, etc., R. Co., 69 N. Y. 491.

— Mesne conveyance. An intermediate conveyance ; one occupying an intermediate position in a chain of title between the first grantee and the present holder.

— Primary conveyances. Those by means whereof the benefit or estate is created or first arises ; as distinguished from those whereby it may be enlarged, restrained, transferred, or extinguished. The term includes feoffment, gift, grant, lease, exchange, and partition, and is opposed to derivative conveyances, such as release, surrender, confirmation, etc. 2 Bl. Corhm. 309.

— Secondary conveyances. The name given to that class of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. 2 'B1. Comm. 324. Otherwise termed "derivative conveyances," (q. ct)

— Voluntary conveyance. A conveyance without valuable consideration; such as a deed or settlement in. favor of a wife or children. See Gentry v. Field, 148 Mo. 399, 45 S. W. 286; Trumbull v. Hewitt, 62 Conn 451, 26 Atl. 350; Martin v. White, 115 Ga. 866, 42 S. E. 279. As to fraudulent conveyances, see Fraudulent.

A transfer of the title of property, usually realty, from one person to another; an instrument in writing by which such transfer is made; more strictly an instrument in writing under seal, by which some estate or interest in lands is transferred from one person to another, such as a deed, mortgage, etc. In general the word is restricted, in its application, to transfers inter vivos, though, in a large sense, it includes wills also. A conveyance is primary or original where it creates an estate or interest, as in a grant, gift or lease; it is derivative or secondary, where it presupposes or depends on another, as in case of a confirmation, or a release; and it is innocent or tortious according as it assumes to convey only what the person who makes it has to convey.

In pleading. Introduction or inducement, In real property law. The transfer of persons to another. 21 Barb. 551; 29 Conn. 356. An instrument in writing under seal, (anciently termed an “assurance,”) by which some estateor interest in lands is transferred from one person to another; such as a deed, mortgage, ete. 2 Bl. Comm. 293, 295, 309. Conveyance includes every instrument in writing by which any estate or interest in real estate is created, aliened, mortgaged, or assigned, or by which the title to any real estate may be affected in law or equity, except last wills and festaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. 1 Rev. St. N. Y. p. 762, § 38; Gen, St. Minn. 1878, c. 40, § 26; How. St. Mich. 1882, § 5689. The term “conveyance,” as used in the California Code, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any teal property may be aifected, except wills. Civil Code Cal. § 1215.

An instrument in writing by which property or the title to property is transferred from one person to another.

In a stricter sense, an instrument in writing under seal, (anciently termed an assurance,) by which some estate or interest in lands is transferred from one person td another; such as a deed, mortgage, &c. 2 Bl. Com. 293, 295, 309. See Assurance, Deed. This term is generally restricted in its application to transfers inter vivos (between living parties) though in a large sense it includes wills also. Id, 294. Bacon's Use of the Law, 66. The Revised Statutes of New- York have defined it to embrace " every instrument in writing by which a^ estate or interest in real estate is created, aliened, mortgaged or assigned, or by which the title to any real estate ma^^ be aflfected in law or equity, except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purcbase of lands." 1 Hev. Stat. [762], 752, § 88. See 8 Mass. R. 487. CpNVEYANCE.

In pleading. Introduction or inducement. 8 Wooddes. Lect. 22. See Inducement.

contracts, is the transfer of the title to land by one or more persons to another orothers. By the term persons here is understood not only natural persons but corporations. The instrument which conveys the property is also called a conveyance. For the several kinds of conveyances see Deed. Vide generally, Roberts on Fraud. Conv. S 2; Ib. Discontinuance, C 8, 4, 5; Ib. Garranty, D; Ib. Pleader, C 37; Ib. Poiar, C 5.