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Quitclaim

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In conveyancing. A form of deed of the nature of a release, containing words of grant as well as release.

2 Washb. Real Prop. 606.

The term is in constant and general use in American law to denote a deed substantially the same as a release in English law. It presupposes a previous or precedent conveyance, or a subsisting estate and possession.

Thornton, Conv. 44.

It is a conveyance at common law, but differs from a release in that it is regarded as an original conveyance in American law, at least in some states.

6 Pick, (Mass.) 499; 14 Pick. (Mass.) 374; 3 Conn. 398; 9 Ohio, 96; 5 111. 117; Rev. St. Me. c. 73, § 14; Code Miss. 1857, p. 309, art. 17.

The operative words are "remise, release, and forever quitclaim."

Thornton, Conv. 44.

Covenants of warranty against incumbrances by the grantor are usually added. QUITE CLAMAUNCE (Law Fr.) Quitclaim. Britt. c.

85.