Demise

(1) A conveyance, either in fee for life or for years. A lease or conveyance for a term of years. According to Chief Justice Gibson, the term strictly denotes a postliumous grant, and no more. 5 Whart. (Pa.) 278. See 4 Bing. N. C. 678; 2 Bouv. Inst, note 1774 et seq. (2) A term nearly synonymous with "death," appropriated in England especially to denote the decease of the king or queen.

A conveyance, either in fee, for life, or for years. the English word demise, though improperly used as a synonym for concessi or demtii, strictly denotes a posthumous grant, and no more. Hemphill v. Eckfeldt, 5 Wharf. (Pa.) 278. See 4 Bingh. N. 0. 678; Voorhees v. Presbyterian Church, 5 How. Pr. (N. Y.) 71. Other words may be used; 18 L. Q. R- 338. In a conveyance, the word "demise" imports in law a covenant for quiet enjoymenl; Crouch v. Fowle, 9 N. H. 210, 32 Am. Dec. 350; 1 M. <;. & s. 429; it implies a power to Lease; Grannis v. Clark, 8 Cow. (N, Y.) 3G. See O'Connor v. Daily. L09 Mass. 235; Covenant. As to the covenants implied, see [1895] 1 Q. B. 820. See Demise of the Crown.

n. In conveyancing. A conveyance of an estate to another for life, for years or at will; most commonly for years; a lease. 1 Steph. Comm. 475. Voorhees v. Church, 5 How. Prae. (N. Y.) 71; Gilmore v. Hamilton, 83 Ind. 196. Originally a posthumous grant; commonly a lease or conveyance for a term of years; sometimes applied to any conveyance, in fee, for life or for years. Pub. St Mass. 1882, p. 1289. "Demise" is synonymous with "lease" or "let," except that demise ex vi termini implies a covenant for title, and also a covenant for <piet enjoyment, whereas lease or let implies neither of these covenants. Brown. The word is also used as a synonym for "decease" or "death." In England It is especially employed to denote the death of the sovereign.

— Demise and redemise. In conveyancing. Mutuni leases made from one party to another on each side, of the same land, or something out of it; as when A. grants a lease to B. at a nominal rent (as of a pepper corn,) and B. redemises the same property to A. for a shorter time at a real, substantial rent Jacob,; Whi-shaw.

— Demise of the crown. The natural dissolution of the king is generally so called; an expression which signifies merely a transfer of property. By demise of the crown we mean only that, in consequence of the disuhion of the king's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual. 1 Bl. Comm. 249; Plowd. 234,

— Several demises. In English practice. In the action of ejectment, it was formerly customary, in case there were any doubt as to the legal estate being in the plaintiff, to insert in the declaration several demises from as many different persons; but this was rendered unnecessary by the provisions of the common-law procedure acts.

— Single demise. A declaration in ejectment might contain either one demise or several. When it contained only one, it was called a "declaration with a single demise."

v. In conveyancing. To convey or create an estate for years or life; to lease. The usual and operative word In leases: "Have granted, demised, and to farm let, and by these presents do grant, demise, and to farm let." 2 Bl. Comm. 317; 1 Steph. Comm. 476; Co. Litt. 45a.

Death; a conveyance monly, for years. same land, or something in favor of the person upon a merely nominal In English law. Demise tion of the sovereign, from his body politic, mised to his successor, in the latter.

^ In a lease for years creates an implied warranty of title and a covenant for quiet enjoyment.* In a lease under seal implies a covenant, and in a lease not under seal a contract, for title in the lessor. "Let "or an equivalent word has the same effect.5 See Lease. Demise and redemise. A conveyance by mutual leases of the same land, or of something out of the same, made by one party to the other; as, in a grant of rent-charge. See next word.

1. A conveyance for life, years, or at will. 2. Death.

[L. Lat. demissio, dimissio, qq. v.] In conveyancing. A conveyance of an estate to another for life, for years or at will; most commonly, for years; a lease. 1 St^h. Com. 475. 2 Crabb*s Real Prop. 230, 233, §§ 1274, 1280. 1 Penn. St. R. 126, 129, 131. See Lease. A charter party is sometimes considered as a demise of a ship, {locatio navis.) Abbott on Ship. [46,] 56. Id. [288, 289,] 365, 366. To DEMISE. [L. Lat. demittere, dimittere, to send away, or part with.] In conveyancing. To convey or create an estate for years or life; to lease. The usual and operative word in leases: — " have [or hath] granted, demised, and to farm let, and by these presents do [or doth] grant, demise and to farm let." 2 Bl. Com. 317. 1 Steph. Com. 476. Co. Litt^^b b. See-Demwe.

contracts, in its most extended signification is a conveyance either in fee, for life, or for years.

In its more technical meaning, itis a lease or conveyance for a term of years. Vide Com. L. & T. Index, h. t.; Ad. Eject. Index, h. t.; 2 Hill. Ab. 130; Com. Dig. h. t.; and the heads there referred to.