Indenture

A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar interests. Its name comes from a practice of indenting or scolloping such an instrument on the top or side in a waving line. This is not necessary in England at the present day, by St. 8 & 9 Vict. c. 106, § 5, but was in Lord Coke's time, when no words of indenture would supply its place.

6 Coke, 20.

In this country it is a mere formal act, not necessary to the deed's being an indenture. See Bac. Abr. "Leases" (E 2); Comyn, Dig. "Fait" (C, and note d); Litt. § 370; Co. Litt. 143 b, 229 a; Cruise, Dig. tit.

32, c. 1, § 24; 2 Sharswood, Bl. Comm. 294; 2 Washb. Real Prop. 587 et seq.; 1 Steph. Comm. 447.

The ancient practice was to deliver as many copies of an instrument as there were parties to it. And as early as King John it became customary to write the copies on the same parchment, with the word chirographum, or some other word, written between them, and then to cut them apart through such word, leaving part of each letter on either side the line, which was at first straight, afterwards indented or notched.

1 Reeve, Hist. Eng. Law, 89; Du Cange; 2 Washb. Real Prop. 587 et seq.

See "Indent."

See Indent.