Definition of Conveyance

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.