grant

Grants, as well as assignments, must be in writing, and they must convey the exclusive right, under the patent, to make and use, and vend to others to be used, the thing patented, within and throughout some specified district or portion of the United States, and such right must be exclusive of the patentee, as well as of all others except the grantee.

At Commbn Law. A transfer by deed of that which cannot pass by livery. Williams, Real Prop. 149. A grant was proper to transfer an incorporeal hereditament or a reversion or vested remainder in land, but in England, before 1845, a grant was not effectual to transfer an estate in fee in land in possession. 7 W. Va. 235. A grant is now sufficient to convey any estate. 12 Minn. 468. In Modern Law. A general term, Including all sorts of conveyances. 4 Mason (U. S.) 69. The term is properly applicable only to realty (1 Mont. 410), but it has been applied to personalty. 12 Minn. 468. It is particularly applied to conveyances By the word "grant," in a treaty, is meant not only a formal grant, but any concession, warrant, order, or permission to survey, possess, or settle, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by a patent pursuant to a law. 12 Pet. (U. S.) 410. See 9 Adol. & E. 532; 5 Mass. 472; 9 Pick. (Mass.) 80. "Office grant" applies to conveyances made_ by some officer of the law to effect certain purposes, where the owner is either unwilling or unable to execute the requisite deeds to pass the title. "Private grant" is a grant by the deed of a private person. "Public grant" is the mode and act of creating a title in an individual to lands which had previously belonged to the government. The public lands of the United States, and of the various states, have been to a great extent conveyed by deeds or patents issued in virtue of general laws; but many specific grants have also been made, and are the usual method of 'transfer during the colonial period. See 2 Washb. Real Prop. 517-536; 4 Kent, Comm. 450, 494; 8 Wheat. (U. S.) 543; 6 Pet. (U. S.) 548; 16 Pet. (U. S.) 367; Brightly, Dig. U, S. Laws, "Lands"; "Patent." Among the modes of conveyance included under office grant are levies and sales to satisfy execution creditors, sales by order or decree] of a court of chancery, sales by order or license of court, sales for nonpayment of taxes, and the like. See Blackw. Tax Titles, passim; 2 Washb. Real Prop. 536-549. With regard to private grants, see "Deed."

A generic term applicable to all transfers of real property. 8 Washb. R. P. 181, 853. A transfer by deed of that which cannot the great seal, granting something from the king to a subject. Cruise, Dig. tit 33, 34. A technical term made use of in deeds of conveyance of lands to Import a transfer. 3 Washb. R. P. 378; Harlowe v. Hudgins, 84 Tex. 107, 19 S. W. 364, 31 Am. St Rep. 21. “This word is taken largely where anything is granted or passed from one (the grantor) to another (the grantee). And in this sense it doth comprehend feoffment, bargains and sales, gifts, leases, charges, and the like; for he that doth give or sell doth grant also.... And so some grants are. of the land or soil itself; and some are of some profit to be taken out of, or from the soil, as rent, common, etc.; and some are of goods and chattels; and some are of other things, as authorities, elections, etc.”; Shepp. Touchst. 228. The term grant was anciently and in strictne.ss of usage applied to denote the conveyance of incorporeal rights, and it is the appropriate word for that purpose. Such rights are said to lie in grant, and not in livery; for, existing only, in idea, in contemplation of law, they cannot be transferred by livery of possession. Of course at common law, a conveyance in writing was necessary; hence they were said to lie in grant, and to pass by the delivery of the deed. By the act of 8 & 9 Viet. c. 106, § 2, and also by statute in some states, as New York, Maine, and Massachusetts, all corporeal hereditaments are said to lie in grant as well as in livery. See Sandford v. Travers, ^ N. Y. 140; Bates v. Foster, 69 Me. IGO, 8 Am. Rep. 40G. Grant is now therefore both sufiicient, and technically proper, as a word of conveyance of a freehold estate, and in the largest sense the terra comprehends everything that is granted or passed from one to another, and is now applied to every species of property. But although the proper technical word, its employment is not absolutely necessary, and it has been held that other words indicating an intention to grant will answer the purpose; Wms. R. P. 6th Am. ed. 201; 5 B. & C. 101. As to the effect of the word grant in conveyances and how far any covenant is Implied therefrom, see Covenant. Grant was one of the usual words in a feoffment; and a grant differed but little from a feoffment except in the subject-matter; for the operative words used in grants are dedi et concessi, “have given and granted.” But the simple deed of grant has superseded the ancient feoffnient, leases, and releases which were used to convey freehold estates in possession. See, generally, 1 Dav. Conv. 73; 2 id. 76. The word is also applied in the case of copyholds to indicate the acceptance by the lord of a person as tenant. It is termed an ceding tenant; and voluntary grant when the land is in possession of the lord discharged from all rights of any tenant, or as it is termed “in hand;” in that case the lord regrants the land to the new tenant to be holden by copy of court roll. A grant of personalty is a method of transferring personal property, distinguished from a gift, which is always gratuitous, by being founded upon some consideration or equivalent Such grants are divided as to their subject-matter into grants of chattels real, which includes leases, assignments, and surrenders of leases, and grants of chattels personal, which consist of transfer of the right and possession of them whereby one renounces and the other acquires all title and Interest therein. 2 Sharsw. Bla. Com. 440, and see also id, notes 1, 2, and 3. Such a grant may be by parol; 3 M. & S. 7; but they are usually by assignment or bill of sale in writing. The proper legal designation of such a grant is an “assignment” or bargain or sale; 2 Steph. Com. 102. Office grant applies to conveyances made by some officer of the law to effect certain purposes where the owner is either unwilling or unable to execute the requisite deeds to pass the title. Among the modes of conveyance included under office grant are levies and sales to satisfy execution creditors, sales by order or decree of a court of chancery, sales by order or license of court, sales for non-payment of taxes and the like. See Blackw. Tax Title, passim; 3 Washb. B. P. 208. Private grant is a grant by the deed of a private person. See Deed. Public grant is the mode and act of creating a title in an individual to lands which had previously belonged to the goveniment The public lands of the United States and of the various states have been to a great extent conveyed by deeds or patents Issued in virtue of general laws; but many specific grants have also been made, and were the usual method of transfer during the colonial period. See 3 Washb. R, P. 181; Johnson v. Mc Intosh, 8 Wheat. (U. S.) 643, 6 L. Ed. 081; Worcester v. Georgia, 6 Pet (U. S.) 648, 8 L. Ed. -483. Nothing passes by Implication; New York v. Tax Com’rs, 199 U. S. 37, 25 Sup. Ct 705, 50 L. Ed. 65, 4 Ann. Gas. 381. See Land Grant. Uninterrupted possession of land for a period of twenty years or upward, has been often held to raise a presumption of a grant from the state; Tubbs v. Lynch, 4 Harr. (Del.) 521; Doe v. Roe, 20 Ga. 467, 65 Am. Dec. 693; Barplay v. Howell, 8 Pet (U. S.) 498, 8 L. Ed. 477; Scales v. Cockrill, 3 Head (Tenh.) 432; Von Rosenberg v. Haynes, 86 Tex. 357, 20 S. W. 143; Brown v. Oldham, 123 Mo. 621, 27 S. W. 409. warrant, order, or permission to survey, possess, or settle, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by patent pursuant to a law; Strother v. Lucas, 12 Pet. (U. S.) 410, 9 L. Ed. 1137. See 9 Ad. & E. 632; Dudley v. Sumner, 6 Mass. 472; Tbeaty. The term grant is also applied to the creation or transfer by the government of such rights as pensions, patents, charters, and franchises. See Chit. Prerog. 384; and also these several titles. The word grant is also sometimes used with reference to the allowance of probate, and the issue of letters testamentary, and of administration, as to which see the several titles relating thereto.

A generic term applicable to all transfers of real property. 3 Washb. Real Prop. 181, 353. A transfer by deed of that which caimot be passed by livery. Williams, Real Prop. 147, 149; Jordan v. Indianapolis Water Co., 159 Ind. 337, 64 N. E. 680. An act evidenced by letters patent under the great seal, granting something from the king to a subject. Cruise, Dig. tit 33, 34; Downs v. United States, 113 Fed. 147, 6l C. a A. 100. A technical term made use of in deeds of conveyance of lands to import a transfer. 3 Washb. Real Prop. 378-380. Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and, of course, was applied only to incorporeal hereditaments, it has now become a generic term, applicable to the transfer of all classes of real property. 3 Washb. Real Prop. 181. As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces ; can only be made by an instrument in writing, under seal; and is irrevocable, when made, unless an express power of revocation is reserved. A license is a mere authority ; passes no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protection which it gave ceases to exist. Jamieson v. Millemann, 3 Duer (N. Y.) 255, 258. The term "grant," in Scotland, is used in reference
(1) to original dispositions of land, as when a lord makes grants of land among tenants;
(2) to gratuitous deeds. Paterson. In such case, the superior or donor is said to grant the deed; an expression totally unknown in English law. Mozley & Whitley. By the word "grant," in a treaty, is meant not only a formal grant, but any concession,' warrant, order, or permission to survey, possess, or settle, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by a patent pursuant to a law. Strother v. Lucas, 12 Pet. 436, 9 L Ed. 1137. And see Bryan v. Kennett, 113 U. S. 179, 5 Sun. Ch 413, 28 L. Ed. 908; Hastings v. Turnpike Co., 9 Pick. (Mass.) 80; Dudley v. Sumner, 5 Mass. 470.

— Grant, bargain, and sell. Operative words in conveyances of real estate. See Muller v. Boggs, 25 Cal. 187; Hawk v. McCullough, 21 111. 221; Ake v. Mason, 107 Pa. 20.

— Grant and to freight let. Operative words in a charter party, implying the placing of the vessel at the disposition of the charterer for the purposes of the intended voyage, and generally transferring the possession. See Christie v. Lewis, 2 Brod. & B. 441.

— Grant of personal property. A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 Bl. Comm. 440, 441. Its proper legal designation is an "assignment," or "bargain and sale." 2 Steph. Comm. 102.

— Grant to nses. The common grant with uses superadd-ed, which has become the favorite mode of transferring realty in England. Wharton.

— Private land grant. A grant by a public authority vesting title to public land in a private (natural) person. United Land Ass'n v. Knight, 85 Cai. 448, 24 Pac. 818.

— Public grant. A grant from the public ; a grant of a power, license, privilege, or property, from the state or government to one or more individuals, contained in or shown by a record, conveyance, patent, charter, etc.

An operative word of conveyance, particularly appropriate to deeds of grant, properly so called, but used in other conveyances also, such as deeds of bargain and sale, and leases.

A generic term applicable to all transfers of real property. 8 Washb. Real Prop. 181, 353. A transfer by deed of that which cannot be passed by livery. Williams, Real Prop. 147, 149, An act evidenced by letters patent under the great seal, granting something from tle king to a subject. Cruise, Dig. tit. 33, 34. A technical term made use of in deeds of conveyance of lands to import a transfer. 3 Washb. Real Prop. 378-380. Though the word “grant” was originally made use of, in treating of conveyances of interests in lands, to denote a transier by deed of that which could not be passed by livery, erie term, applicable to the transfer of ail classes of real property. 3 Washb. Real Prop 181. As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can cnly be made by an iustrument in writing, under seal; and is irrevocable, when made, unless an express power of revocation isreserved. A license is & mner'é authority; passes no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protection which it gave ceases to exist. 3 Duer, 255, 258. The term “grant,” in Scotland, is used in reference (1) to original dispositions of land, as When a lord makes grants of land among tenants; (2) to gratuitous deeds. Paterson. In such case, the superior or donor is said to to grant the deed; an expression totally unknown in English law. Mozley & Whitley. By the word “grant,” in a treaty, is meant not only a formal grant, but any concession, warrant, order, or permission to survey, possess, or setile, whether written or parol, express, or presumed from possession. Sucha grant may be made by law, as well as bya patent pursuant toa law, 12 Pet.410. Ses ¥ Adol. & E. 582; 5 Mass. 472; 9 Vick. 80. “GRANT, BARGAIN, AND SELL.” Operative wurds in conveyances of real estate. GRANT OF PERSONAL PROPER- TY. <A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 Bl. Comm. 440, 441. Its proper legal designation is an “assignment,” or “bargain and sale.” 2Steph. Comm. 102,

1. At common law, the method of transferring the property of incorporeal hereditaments, or such things whereof no livery can be had.^ An incorporeal hereditament was said to lie in grant; and a corporeal hereditament, in livery. A grant differed little from a feoffment (g. v.), except in the subject-matter; the same words were used.^ 2. A generic term applicable to all transfei-s of realty.'' Any conveyance of realty.^ " Hereby granted " imports an immediate transfer of interest." To constitute a grant, it is not indispensable that technical words be used; any words that manifest the same intention will suffice.^" Statute of 8 and 9 Vict. (1843) c. 106, made all corporeal rights, as regards the conveyance of the immediate freehold, to be deemed to lie in grant as well as in livery. I 3 Bl. Com. 10, 162, 156, 218; 4 id. 169. "kerrick v. Van Dusen, 32 Minn. 318 (1884); Commonwealth V. Pine, 2 Pa. Law J. E. *412 (1844); Sullins V. State, 53 Ala. 473 (18T5); Wood v. State, 18 Fla. 969(1882); 46 Tex. 402. s State V. Nipper, 95 N. C. 655 (1886). 4 2 Bl. Com. 379; State v. Shaw, 53 N. H. 74 (1877); 112 U. S. 216; 63 Iowa, 03; 70 Pa. 237; 80 Va. 699; 1 Whart. Cr. 190; Broom, Max. 535. 5Seealsol9F. R. 698. » 2 Bl. Com. 317; Williams, E. P. 147; 5 Mass. 471; 16 N. Y. 75; 1 Black, 358. '3 Washb. E. P. 181, 353, 378; Durant v. Ritchie, 4 Mas. 69 (1825). s McVey v. Green Bay E. Co., 42 Wis. 535-36 (1877); Lambert v. Smith, 9 Greg. 193 (1881). » Wright V. Eoseberry, 121 U. S. 496, 600 (1887). Grant and demise. In a lease for years, create an irtiplied warranty of title and a covenant for quiet enjoyment.! See Demise. Grant, bargain, and sell. In a deed, do not import a general covenant of seisin or against incumbrances, but a covenant that the grantor has done nothing whereby the estate granted may be defeated,^ for quiet enjoyment, at least. ^ They imply a covenant against incumbrancer, including taxes. ^ See Covenant, Implied; Suffer. A grant of personalty is termed an assignment or a bill of' sale. See Assignment, 2; Gift, 1; Sale, Bill of; Title, 1. 3. Any concession by the public, being evidenced by an enactment or record; in particular, a transfer of public land, or the creation of a franchise by charter, or of a monopoly by letters patent, or of an exclusive privilege by certificate of copyright. Described as a legislative, government, official, public. State, or United States grant. Grantor. He who makes a grant. Grantee. 1. He to whom a grant is made. ^2. One who has transferred to him, in writing, the exclusive right, under a patent, to make and use, and to grant to others to make and use, the thing patented, within and throughout some specified j:)ortion of the United States.* See Assignee; Licensee. The king's grants are matter of public record. Whether of lands, honors, liberties, franchises, or aught besides, they are contained in charters, or letters patent.. The manner of granting by him does not differ from that by a subject more than the construction of his grants, when made. (1) A grant by the king, at the.suit of the grantee, shall be taken most beneficially for the king; whereas the grant of a subject is construed most strongly against the grantor. (2) A subject's grant shall be construed to include many things, besides what are expressed, if necessary for the operation of the grant. Therefore, in a private grant of the profits of land for one year, free ingress, egress, and regress, to cut and carry away those profits, are inclusively granted. But the king's grant shall not enure to any other intent than that which is previously expressed in the grant. (3) When it appears, from the face of the grant, that the king is mistaken or deceived in a matter of fact or of law, or if his own, title be different from what he supposes, or if the ' Scott V. Euiherford, 93 U. S. 109 (1876), cases. = 4 Kent, 460; 2 Ala. 533; 5 id. 586; 12 id. 159; 7 111. 148; 19 id. 235; 21 id. 220; 50 Pa. 480. s Blossom V. Van Court, 34 Mo. 390 (1864). See further 4 Oreg. 235; 1 Conn. 79; 1 T. B. Mon. 30; 32 Me. 329; 8 Barb. 463; 5 Tenn. 124; 23 Cal. 175; 32 111. 348; 60 Mo. 138; Eawle, Cov. Tit. 481-97, cases. graijt be informal, or if he grants an estate contrary to the rules of law,— the grant is absolutely void.' By a grant everything passes which is necessary to the -full enjoyment of the right, title, or estate which is included in the words. A grant of a mere way carries an easement only — the ownersliip ol the soil not being essential to the free use of the right. Uut a grant of an estate designated only by the particular use for which the land is appropriated will pass the fee; as, a grant of " a house," "a wharf," "a mill," "a well," "a barn," and the like.' With respect to "public grants," the rule is, that rights, privileges, and immunities not expressly granted are reserved. Nothing can be presumed against the State. There would be no safety to public interests in any other rule. The rule applies with special force where the claim would abridge or restrain a power of government, as, the power of taxation.' "Where a statute operates as a grant of public property to an individual, or the relinquishment of a public interest, and there is a doubt as to the meaning of its terms, or as to its general purpose, that construction should be adopted which will support the claim of the government rather than that of the individual. Nothing can be inferred against the State. Such acts are usually drawn by interested parties; and they are presumed to claim all they are entitled to. The rule serves to defeat any pm-pose concealed by the sk Ulful use of terms, to accomplish something not apparent upon the face of the act, and thus sanctions only open dealing with legislative bodies.' A more liberal rule of construction is allowable, in interpreting a grant from one State or political community to another, than is permitted in interpreting a private grant." ■\^'here power or jurisdiction is delegated to any public officer or tribunal, and its exercise is confided to his or their discretion, acts done are binding as to the subject-matter; and individual rights will not be disturbed collaterally for anything so done. The only questions which can arise between an individual claiming a right under the acts and the public, or a pei'son denying its validity, are power in the officer and fraud ' 2 Bl. Com. a48-^, 121, 380. ^ Jamaica Fond Aqueduct Corporation v. Chandler, 9 Allen, IW (1804), Bigelow, C. J.; Johnson v. Eayner, 6 Gray, 110 (185(i,i, cases; United States v. Appleton, 1 Sumn. 600 (183.3); Bank of British North America v. Miller, 7 Saw. Wi (1881), cases; Green Bay, &c. Canal Co. V. Hewitt, 66 Wis. 464-65 (1886): Lowell v. Strahan, 145 Mass. 1, 11 (1887), cases; 26 Am. Law Heg. 728-26 (1887), cases; 19 Cent. Law J. 446 (1884)- Solic. Journ. 'The Delaware Railroad Tax, 18 Wall. 225 (1878), Field, J. See also Schulenberg v. Harriman, 21 id. 02 (1874); Heydenfeldt v. Daney Gold, &c. Co., 93 U. S. 638 (1876); Wiggins Ferry Co. v. East St. Louis, 107 id. 371 (1882), cases; Ruggles v. Hlmois, 108 id. 631 (ISaS), cases; Hannibal, &c. E. Co. v. Missouri Biver Packet Co., 125 id. 271 (1888), cases; Swann v. Jenkins, 82 Ala. 483 (1886); Omaha Horse E. Co. v. Cable Co., 30 F. E. 328 (1887), cases. Limitation on legislative grants, 26 Am. Law Eeg. 65-71 (1887), eases. in the party. All other questions are settled by the.decision made by the tribunal or officer, whether executive, legislative, judicial, or special, unless an appeal is provided for, or other revision, by some appellate or supervisory tri^^unal, is prescribed. In no case have documents of title, executed by officers of the government, been held sufficient" where the fact in issue was whether the government had any title to convey, to establish the fact in dispute, as against parties claiming a pi-e-existjng, adverse, and paramount title themselves.^ No one can grant what he does not own.' See Dare, Nemo, etc. See Chahtee, S; Condition; Deed, 2; DELrvEBT; Disclaimer, 2; Disparagement, 2; Incident; Land, Public; Patent 1 (1)„2. 4. To confer, bestow, allow, permit, award, issue: as, to grant a rule to show cause, letters testamentary or of administration, a writ of certiorari, habeas corpus, or mandamus.

A gift; a conveyance; especially veyance without livery, as of an

[L. Lat. concessio.'\ In a large sense, the passing of a thing from one person to another.

In this sense, it comprehends feoflfments, bargains and sales, gifts, leases, &c., for he that gives or sells grants also, Shep. Touch. 228. Story, J., 4 Maaw Cs R. 69.

In a more strict and proper sense, a species of common law conveyance, appropriate to the transfer of incorporeal heredi* taments, (as rents, 6cc.,) and of estates in eipectancy, (as reversions and remainders,) in corporeal hereditaments, of which no lirery, (that is, delivery,) can be made. 2 Bl. Com. 311. l Steph.Com.474. Hence these hereditaments and estates are said to lie in grants while corporeal hereditaments in possession are said to lie in livery. Id. ibid. Co. l Att. 172 a. Shep. Touch. 228. Watkins' Conv. 193. 4 Kenfs Com. 490. The appropriate and operative words of a grant are, " have given and granted," (anciently, dedi et concesei.) 2 Bl. Com. ub. sup. 1 Steph. Com. ub. sup. In the United States, the term grant continues, in general, to be specifically applied to the conveyance of incorporeal hereditaments, and to letters patent from government. In New- York, however, by the flevised Statutes, this ancient and distinctive meaning of the word has been abrogated, and deeds of bargain and sale, and of lease and release, including all conveyances of the inheritance or freehold, are declared to be deemed grants. 1 Rev. St. [738.] 731. §§ 137, 138, 142. 4 Kmt's Com. 491, 492. So in Massachusetts, the term grant in a statute, means the transfer of lands or houses by deed or other effectual conveyance, and does not apply exclusively to incorporeal hereditaments. 2 Hilliard's Real Prop. 297. So, in New- Hampshire and Maine. Id. ibid. GRANT OF PERSONAL PROPER- TY. A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 Bl. Com. 440, 441. Its proper legal designation is an assignment, or bargain and sale. 2 Steph. Com, 102. To GRANT. [L. Lat. concedere.] An operative word of conveyance, particularly appropriate to deeds of grant, properly so called, but used in other conveyances also, such as deeds of bargain and sale, and leases. See Grant, Bargain and Sale, Lease. According to Lord Coke, the word concessi (I have granted) may amount to a grant, a feoffment, a gift, a lease, a release, a confirmation, a surrender, &o.; and it is in the election of a party to use it to which of these purposes he will. Co. Litt. 301 b. It is the general operative word of conveyance in New- York. 4 Rentes Com. 491. It was formerly held, in England, to amount to a covenant in law. See Concessi. But by a late act of parliament, it iis declared not to imply any covenant in law in respect of any tenements or hereditaments, except in cases where, by act of parliament, it is declared that it shall have such effect Stat. 8 & 9 Vict. c. 10, s. «. In Pennsylvania, the words, "grant, bargain and sell," in a conveyance, have been held not to amount to a general warranty, but merely to a covenant that the grantor has notdone any act, nor created any incumbi*ance whereby the estate granted by him may be defeated. 2 Binney's R. 95. And the same rule prevails in Delaware and Missouri. Holthouse Law Diet. (Am. ed.) See 2 Hilliard's Real Prop. 366.

BARGAIN, AND