Feoffment

A gift of any corporeal hereditaments to another. It operates by transmutation of possession, and it is essential to its completion that the seisin be passed. Watk. Conv. 183. The conveyance of a corporeal hereditament either by investiture or by livery of seisin. 1 Sullivan, Lect. 143; 1 Washb. Real Prop. 33. The instrument or deed by which such hereditament is conveyed. This was one of the earliest moods of conveyance used in the common law. It signified originally the grant of a fee or feud; but it came in time to signify the grant of a fee inheritance in fee, respect being had rather to the perpetuity of the estate granted than to the feudal tenure. 1 Reeve, Hist. Eng. Law, 9D. The feoffment was likewise accompanied by livery of seisin. 1 Washb. Real Prop. 33. -The conveyance by feoffment with livery of seisin has become infrequent, if not obsolete, in England, and in this country has not been used in practice. Cruise, Dig. tit. 32, c. 4, § 3; Shep. Touch, c. 9; 2 Bl. Comm. 20; Co. Litt. 9; 4 Kent, Comm. 467; Comyn, Dig.; 12 Viner, Abr. 167; Bac. Abr.; Dane, Abr. c. 104; 1 Washb. Real Prop. 33; 8 Cranch (U. S.) 229.

A gift of any corporeal hereditaments to another. It operates by transmutation of possession; and it is essential to its completion that the seisin be passed. Watk. Conv. 183. The conveyance of a corporeal hereditament either by investiture or by livery of seisin. 1 Sullivan, Lect. 143; 1 Washb. R. P. 33; Chal. R. P. 363. A gift of a freehold interest in land accompanied by livery of seisin. In mediaeval days it was the normal mode of transferring a freehold interest in land of free tenure. The essential part is the livery of seisin. 3 Holdsw. Hist. E. L. 187. The instrument or deed by which such hereditament is conveyed. This was one of the earliest modes of conveyance used in the common law. It signified originally the grant of a fee or feud; but it came in time to signify the grant of a free inheritance in fee, respect being had rather to the perpetuity of the estate granted, than to the feudal tenure; 1 Reeve, Hist. Eng. Law 90. The feoffment was likewise accompanied by livery of seisin; 1 Washb. R. P. 33. The conveyance by feoffment with livery of seisin has become infrequent, if not obsolete, in England, and in this country has not been used in practice; Dane, Abr. c. 104; Stearn, Real Act. 2; Green v. Liter, 8 Cra. (U. S.) 229, 3 L. Ed. 645. Formerly the use of writing was the exception; after the Conquest it became more frequent. Writing was not required until the statute of frauds; 3 Holdsw. Hist. E. L. 187.

The gift of any corporeal hereditament to another, (2 Bl. Comm. 310), operating by transmutation of possession, and requiring, as essential to Its completion, that the seisen be passed, (Watk. Co.nv. 183), which might be accomplished either by investiture or by livery of seisin. 1 Washb. Real Prop. 33. See Thatcher v. Omans, 3 Pick. (Mass.) 532; French v. French, 3 N. H. 260; Perry v. Price, 1 Mo. 554; Omdoff v. Turman, 2 Leigh (Va.) 233, 21 Am. Dee, 608. Also the deel or conveyance by which such corporeal hereditament is passed. A feoffment originally meant the grant of a feud or fee; that is, a barony or knight's fee, for which certain services were due from the feoffee to the feoffor. This was the proper sense of the word ; but by custom it came afterwanis to signify also a grant (with livery of seisin) of a free inheritance to a man and his heirs, referring rather to the perpetuity of the estate than to the feudal tenure. 1 Reeve, Eng. Law, 90, 91. It was for ages the only method (in ordinary use) for conveying the freehold of land in possession, but has now fallen in great measure into disuse, even in England, having been almost entirely supplanted by some of that class of conveyances founded on the statute law of the realrn. 1 Steph. Comm. 467, 468.

— Feoffment to uses. A feoffment of lands to one person to the use of another.

The gift of any corporeal hereditament to another, (2 Bl. Comm. 310,) operating by transmutation of possession, and requiring, as essential to its completion, that the seisin be passed, (Watk. Conv. 183,) which might be accomplished either by investiture or by livery of seisin. 1 Washb. Real Prop. 33. Also the deed or conveyance by which such corporeal hereditament is passed. A feoffment originally meant the grant of a feud or fee; that is, a barony or knight's fee, for which certain services were due from the feoffee to the feoffor. This was the proper sense of the word; but by custom it came afterwards to signify also a grant (with livery of seisin) of a free inheritance to a man and his heirs, referring rather to the perpetuity of the estate than to the feudal tenure. 1 Reeve, Eng. Law, 90, 91. It was for ages the only method (in ordinary use) for conveying the freehold of land in possession, but has now fallen in great measure into disuse, even in England, having been almost entirely supplanted by some of that class of conveyances founded on the statute law of the realm. 1 Steph. Comm. 467, 468.

1. The conveyance of a fee by livery deed or charter in which such was oath of fealty was every tenant, except a doer. Feasant: a superior lord, on return for it. It was of inheritance in 3. A Tee simple. without other services feoffment). Fee-farm fee-farms, one fourtli unlimited estate in Fee simple condiwas granted to a statute de Bonis, tail: a restricted; one which can descendants; v. Tail. action for the Such au issue was of Chancery, and: v. Action. bouud iu the decen- Tithing. forfeited his fee. 2or the state prison.: a woman (pro- Feodi firma: feefeoffment. Feoffa-: he enfeoffed. was vested, the of seisin. 2. The perpetuated.

Fefment. L. Fr. <fe Eng. [L. Lot. feoffamentum, q. v.] The gift of a fee {donatio feudi.) A gift or conveyance in fee, of land, or other corporeal hereditaments, accompanied by livery of seisin, or actual delivery of possessioa. ^rac^ fol. 12 b. ^rt«.c.34. Co.Litt.9&. 2 Bl. Com. 810, 311. 4 Kenfs Com. 480, 481— A conveyance of corporeal hereditaments by delivery of the possession upon, or within view of the hereditaments conveyed. Butler*8 Co. Litt. Note 231, lib. 3. The deed, instrument, or charter, (as it was formerly most commonly termed,) by which such a donation is expressed. 2 Bl. Com. 310. Skep. Touch. 203. 4 Kent's Com. 480. ^e Feoffamentum, Charta. For a form of this kind of deed in the original Latin, see 2 Bl, Com. Appendix, No. 1. Anciently, a feoffment might be without deed, the donation with which the livery was accompanied being merely oral, but it was usually put into writing. 1 Beeves* Hist, E. Law, 90. Poterit fieri donatio cum charta, vel sine charta. Bract. fol. lib. By the statute of frauds, a written instru* ment was expressly required to convey the fee. 1 Steph. Com. 218. See Stat. 8 &» Vict. c. 106, § 3. A feoffment originally meant the grant oi A feud or fee, that is, a barony or knight's fee, for which certam services were due from the feoffee to the feoffor. This was the proper sense of the word; but by custom it came afterwards to signify also a grant, (with livery of seisin,) of a free inheritance to a man and his heirs, referring rather to the perpetuity of the estate than to the feudal tenure. 1 Beeves' Hist. E. Law, 90, 91. Mad. Form. Angl. Diss. p. 4. Butler's Note, 231, lib. 3. Co. Lilt. It was for ages the only method (in ordinary use) for conveying the freehold of land in possession, but has now fallen in great measure mto disuse, even in England, having been almost entirely supplanted by some of that class of conveyances founded on the statute law of the realm. 1 Steph. Com. 467, 468. In American law it is scarcely known. 2 Hilliard's Real Prop. 293, et seq. Littleton uses feoffment in its. present form, but Britton writes it feffement,