Deed

It is well established doctrine of the common law, that a deed becomes complete, when sealed and delivered. It then becomes the act of the person who has executed it, and whatever its operation may be, it is his deed. The very act of livery which puts the paper into the possession of the party for whose benefit it is made, seems to require the construction that it has become a deed.

A written instrument under seal, containing a contract or agreement which has been delivered by the party to be bound and accepted by the obligee or covenantee. Co. Litt. 171; 2 BL Comm. 295; Shep. Touch. 50. A writing under seal, by which lands, tenements, or hereditaments are conveyed for an estate not less than a freehold. 2 Sharswood, Bl. Comm. 294. Any instrument in writing under seal, whether it relates to the conveyance of real estate, or to any other matter, — as, for instance, a bond, single bill, agreement; or contract of any kind, — is as much a deed as is a conveyance of real estate, and, after delivery and acceptance, is obligatory. 2 Serg. & R. (Pa.) 604; 5 Dana (Ky.) 365; 2 Miss. 154. The term is, however, often used in the latter sense above given, and perhaps oftener than in its more general signification. conveyances at common law, — of which the original are feoffment, gift, grant, lease, exchange, partition; the derivatives are release, confirmation, surrender, assignment, defeasance, — or conveyances which derive their force by virtue of the statute of uses, namely, covenant to stand seised to uses; bargain and sale of lands; lease and release; deed to lead and declare uses; deed of revocation of uses.

A written instrument under seal, Containing a contract or agreement which Co. Litt. 171; 2 Bia. Com. 295; Shepp. Touchst. 50. A writing containing a contract sealed and delivered to the party thereto. 3 Washb. R. P. 239. A writing under seal by which lands, tenements, or hereditaments are conveyed for an estate not less than a freehold. 2 Bla. Com. 294. A writing or instrument, written on paper or parchment, sealed and delivered, to prove and testify the agreement of the parties whose deed it is to the things contained in the deed. American Button-Hole Overseaming S. M. Co. v. Burlack, 35 W. Va. 647, 14 S. E. 319. See Baker v. Westcott, 73 Tex. 129, 11 S. W. 157. Any Instrument In writing under seal, whether it relates to the conveyance of real estate or to any other matter, — as, for instance, a bond, single bill, agreement, or contract of any kind, — is as much a deed as is a conveyance of real estate, and, after delivery and acceptance, is obligatory; Taylor v. Glaser, 2 S. & R. (Pa.) 504; Taylor v. Morton, 6 Dana (Ky.) 365; Davis v. Brandon, 1 How. (Miss.) 154. The term is, however, often used in the latter sense above given, and perhaps oftener than in its more general signification. Deeds of feoffment. See Feoffment. Deeds of grant. See Grant. Deeds indented are those to which there are two or more parties who enter into reciprocal and corresponding obligations to each other. See Indenture. Deeds of release or of quitclaim. See Release; Quitclaim. Deeds poll are those which are the act of a single party and which do not require a counterpart. See Deed Poll. Deeds under the statute of uses. See Bargain and Sale; Covenant to Stand Seised; Lease and Release. According to Blackstone, 2 Com. 313, deeds may be considered as conveyances at common laio, — of which the original are feoffment; gift; grant; lease; exchange; partition: the derivative are release; confirmation; surrender; assignment; defeasance, — or conveyances which derive their force by virtue of the statute of uses: namely, covenant to stand seized to uses; bargain and sale of lands; lease and release; deed to lead and declare uses; deed of revocation of uses. For a description of the various forms in use in United States, see 2 Washb. R. P. 607. Requisites of. Deeds must be upon paper or parchment; Warren v. Lynch, 5 Johns. (N. Y.) 246; must be completely written before delivery: Perminter v. Mc Daniel, 1 Hill (S. G) 267, 26 Am. Dec. 179; 6 M. & W. 216, Am. ed. note; 3 Washb. R. P. 239; but see Cribben v. Deal, 21 Or. 211, 27 Pac. 1046, 28 Am. St Rep. 746; Blank; and filing in grantee's name after delivery in escrow is sufficient; Burk v. Johnson, 146 Fed. 209, 76

A scaled instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. A writing containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.

In its legal sense, a "deed" is an instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed, and delivered. Insurance Co., v. Avery, 60 Ind. 572 ; 4 Kent, Comm. 452.

In a more restricted sense, a written agreement, signed, sealed, and delivered, by which one person conveys land, tenements, or hereditaments to another. This is its ordinary modern meaning. Sanders v. Riedinger, 30 App. Div. 277, 51 N. Y. Supp. 937; Reed v. Hazleton, 37 Kan. 321, 15 Pac. 177; Dudley v. Sumner, 5 Mass. 470; Fisher v. Pender, 52 N. C. 485. The term is also used as synonymous with "fact," "actuality," or "act of parties." Thus a thing "in deed" is one that has bcen really or expressly done; as opposed to "in law," which means that it is merely implied or presumed to have bcen done.

— Deed in fee. A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Railway Co... 5 Wash. 699, 32 Pac. 751.

— Deed indented, or indenture. In conveyancing. A deed executed or purporting to be executed in parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or gut at the top in a particular manner. This was formerly done at the top or side, in a line resembling the teeth of a saw; a formality derived from the ancient practice of dividing chirographs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl. Comm. 295, 296; Litt. § 370; Smith, Cant. 12,

— Deed of covenant. Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case.

— Deed of release. One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner. See Swain v. McMillan, 30 Mont. 433, 76 Pan. 943.

— Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whitney, 15 Misc. Rep. 72, 36 N. Y. Supp. 891.

— Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Bank v. Pierce, 144 Cal. 434, 77 Pac. lOl2. See Trust Deed.

— Deed poll. In conveyancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U. S. 464, 7 Sup. Ct. 620, 30 L. Ed. 748

— Deed to declare uses. A deed made after a fine or common recovery, to show the object thereof.

— Deed to lead uses. A deed made before a fine or common recovery, to show the object thereof. As to "Quitclaim" deed, "Tax Deed," "Trust Deed," and "Warranty" deed, see those titles.

A fact or act; a writing sealed and and delivered more especially as a dented: a deed executed in parts, as arated by cutting in a curved or Deed poll: a deed executed in one having the edge polled or evenly cut.

In old English law. Deed to lead or to conveyances by fine and recovery. called a deed to lead, etc.; if after, a

A sealed instrument, contalning a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. A writing containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.

In its legal sense, a “deed” is an instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed, and delivered. 60 Ind. 572; 4 Kent, Comm. 452.

In a more restricted sense, a written agreement, signed, sealed, and delivered, by which one person conveys land, tenemenia, or hereditaments to another. This is its ordinary modern meaning. The term is also used as synonymous with “fact,” “actuality,” or “ach of parties.” Thus a thing “in deed” is one that has been really or expressly done; as opposed to “in law,” which means that it is merely implied or presumed to have been done.

1. A thing done; an act; a matter of fact, as opposed to a matter of law: as, a condition, an estoppel, a seisin in deed. Corresponds to the i Venoh pais, q. v. 2. A writing sealed and delivered by the maker — the most solemn and authentic act a man can perform with relation to the disposal of property.' A writing, sealed and delivered; to be duly executed, must be on paper or parchment.' ■ Minnesota v. Bachelder, 1 Wall. 114 (1868). " Bartlett v. Crittenden, 5 Mc Lean, 32 (1849); Pulte v. Derby, ib. 328 (1862); Thomp Mns v. Halleck, 188 Mass. 82 (1882). = See 3 Bl. Com. 447; 1 id. SS2\ 2 id. 351. 'E. S. § 866: Judiciary Act, 1789, sec. 30. » United States v. Cameron, 15 F. E. 794 (1883); Warren V. Younger, 18 id. 862 (1884); 20 Blatch, 232." •United States v. Wilder, 4 Woods, 475 (1882): 14 P. E. 393. ' 2 Bl. Com. 295; Wood u. Owings, 1 Cranch, 261 The word in itself imports a written instrument;'— a written instrument under seal, containing a contract of agreement whieh has been delivered by the party to be bound and accepted by the obligee or covenantee. ^ An instrument or agreement under seal.' This comprehensive meaning includes any writing imder seal; as, a bond, lease, mortgage, agreement to convey realty, bill of sale, policy of insm-anoe. In common use often limited to a writing, under.seal, transf erring real estate; a deed of conveyance of realty. See Conveyance, 2; Title, 1. In its largest sense includes a mortgage,* q. v. A "good deed" to land means, in a covenant, a conveyance sufficient to pass whatever right a party has in the land, without warranty or personal covenant; it does not imply the conveyance of a good title.' A " good and perfect deed " to land may intend the conveyance of a perfect title clear of all incumbrances, including a right of dower." A " good and sufficient deed " may refer either to the form of the conveyance or to the interest or title. ^ A "good and sufficient deed of warranty," or " with covenant of warranty," may also refer to the kind of deed or to the quality of the title.' A deed for a "sufficient title" means for a good title — with the usual covenants of warranty.* So as to a "good and sufficient conveyance." '" A " lawful deed " means a deed conveying a lawful and good title." Collateral deed. A defeasance, q. v. Deed poll. A deed not indented, but cut even; a deed made by one party only: as, a sherif Ts deed. See Poll, 1. Deeds under the statute of uses. See Use, 3. 1 Pierson v. Townsend, 8 Hill, 551 (1813). ' Mc Murty v. Brown, 6 Neb. 376 (1877). » Master v. Miller, 4 T. K. 345 (1791). See 1 Ark. 118; 42 N. J. E. 335; 25 Hud, 224; 5 Saw 608. <Hellman v. Howard, 44 Cal. 104 (1872); People v. Caton, 25 Mich. 391 (1872). ' Barrow v. Bispham, 11 N. J. L. 110, 119 (1889). • Greenwood v. Ligon, 18 Miss. 617 (1848); 31 id. ZTS, 532, 677. ' Brown v. Covilland, 6 Cal. 578 (1856); Brown v. Gammon, 14 Me. 279 (1837); Parker v. Mc Allister, 14 Ind. 16 (1859). s Tindall v. Conover, 20 N. J. L. 215-17 (1843); Joslyu V. Taylor, 33 Vt. 474 (1860); 86111. 69; 6 Mass. 494; 11 N. J. L. 119; 2 Johns. 5S5; 14 id. 224; 16 id. 269; 20 id. 130; 11 Vt. 47, 549. ' Ware v. Starkey, "80 Va. 196 (1885). " Gates V. Mc Lean, 70 Cal. 45, 50 (1886). "Dearths Williamson, 2 S.&K. 499 (1816); Withers V. Baird, 7 Watts, 229 (1838). On void deeds, see Title deed. Any sealed evidence of title, q. V. Trust deed. An instrument that creates a trust, q. v.; also, a mortgage. See also Composition, 3; Inspection, 3; Separation; Settlement, 3. At common law, the general requisites of a deed are: 1. Persons able to contract and to be contracted with for the purposes intended, and a thing or subjectmatter to be contracted for, — all expressed by sufficient names. 2. A sufficient consideration. 3. Writing or printing upon paper or parchment. 4. The matter must be legally and orderly set forth: there must be words sufficient to specify the agreement and bind the parties, which sufficiency the courts decide. The formal parts of a deed conveying realty are: (a) the premises — the names of the parties, recitals explanatory of the transaction, the consideration, the thing granted; (b) the habendum and tenedum (to have and to hold) — defining the nature of the grant; (c) the terms of stipulation upon which the grant is made — the reddendum or reservation; (d) the condition or contingency upon the happening of which the estate 'Will be defeated; (e) the icarranty securing the estate; (f ) the covenants — stipulating for the truth of facts, or that athingwillbedone; (g) the conclusion — mentioning the execution and the time thereof. 5. Reading— when desired. 6, Sealing, and signing. 7. Delivery— absolute or conditional. 8. Attestation — for preserving evidence of the transaction. ^ The construction of a deed must be favorable, and as near the intent of the pa Vties as the rules of law admit; also reasonable, and agreeable to common understanding. Where the intention is clear too minute a stress is not to be laid upon the strict, precise signification of words. False English will not vitiate. The construction is to be made upon the entire deed. When all other rules fail, the language will be taken most strongly against the party who proposes it. If the words bear different senses, that is preferred which is most agreeable to law. Of two repugnant clauses the first will be received.- A deed is to be so construed, when possible, as to give effect to the intention of the parties. That this may be done, the court will place itself in the situation of the grantor at the date of the transaction with his knowledge of the surrounding circumstances and of the import of the wprds used.' See further Acknowledgment. 2; Alter, 2; Bond; Cancel; Charter, 1: Condition; Consideration, 3; Covenant; Deliberation, 1; Delivery, 3; Description, 1; Duress; Escrow; Exception, 1; Grant, 2; Indenture; Influence; Insanity, 2(4); Instrument, 3; Parchment; Party, 2; Possession, Adverse; Premises; Presents, (1); Profert; Provided; Beading; Recital; Recording; Registry, 2; Relation, 1; Reserve, 4; Seal, Ij Sign; Specialty; Thence; Warranty, 1; Will, 2; Writing. '2Bl.-Com. 296-309. a 2 Bl. Com. 379-81; 3 Kmji; 422. ' Cilley V. Childs, 73 Me. 133 (1882), cases; Moses v. Morse, 74 id. 475 (1883); Moran v. Lezotte, 54 Mich. 86

A written agreement or grant, sealed and delivered; usually the term is applied only to conveyances of real estate. A deed indented is one executed in two parts, or as many parts as there were parties, which formerly were separated by cutting in a curved or indented line; a chirograph. A deed poll is one executed in one part; by one party only; having the edge polled, or cut even, not indented. The terms are still used to distinguish deeds in which there are agreements of more than one party, from those which are the acts of a single party, like simple grants or appointments. Deeds to lead, or to declare uses: a deed made hefore or after a fine or common recovery, to show the object thereof.

A condition expressed in the deed by which it is created, (conditio expressa.) 2 Crabb's Real Prop. 792, § 2127. Bract. fol. 47. A condition annexed by express words to any feoffment, lease or grant. Termes de la ley. As where a feoffment or lease is made, reserving a rent payable at a certain day, with a proviso, that if it is not paid on that day, the feoffor or lessor may enter, this is a condition expressed, or condition in deed. Id. 2 Crabb's Real Prop. ub. sup. Litt. sect. 325. 4 Kent's Com. 123. Called also, formerly, an actual condition. Termes de la ley. Condition in deed, or condition in