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Plate, Houfhold-Stuff, and the like, are grantable; alfo Trees, Grafs, Fruit upon the Trees, Wooll upon the Sheeps Back, Tythes, Deeds, and almost all Things are grantable by Deed.

And fome of thefe Things are grantable at the first in their Creation, but not affignable afterwards; and fome of them are grantable, and affignable over always.

And fome Things may be granted entirely, but not in Part; and other Things may be granted either entirely or in Parts: And fome Things that are incident to others, are not grantable without the Thing to which they are incident.

A bare Poffibility of an Intereft, which is uncertain; a Rent, a Service, or other Thing that is wholly in Sufpence; Things in Action, and Things of that Nature, as Caufes of Suits, Rights and Titles of Entry; Things that are fere Nature, as wild Conies, Hares, Deer, or the like, are not grantable at all by Deed; fo neither are Trufts and Confidences of Lands or Goods.

You must take Care that there be no Miftake Perfons and in the Names of the Perfons and Things in Things deyour Deed, but be very exact and particular.

It is fafe therefore to fet down the Parties by their Names of Baptifm and Sirnames, with fufficient Additions of Place, Eftate, Degree, Myftery, or Occupation, to diftinguish them from other Perfons of like Name.

And for the Thing, granted, it is fafe to set it down by apt and ufual Names; and by fuch other Accidents and Circumftances as may certainly describe it, and diftinguish it from all others. But Miftakes in this Cafe, unless they be very grofs, will not make void the Deed.

fcribed.

Reading of If the Party that is to feal the Deed be a a Deed falfe. blind or illiterate Man, and he defire to hear the Deed, read or the Contents thereof declared to him, and it be not done, and he after feal and deliver the Deed, this is not a good Deed. And if upon, or without any fuch Defire, he to whom the Deed is made, or a Stranger, read the Deed, or declare the Contents thereof falfly, and otherwife than they are, the Deed will be void, at leaft for fo much as is mifread, or mif-declared.

Sealing.

But if the Party himself that is to feal and deliver the Deed, before the fealing of it caufe another that is a Stranger covinously to read it, or declare the Contents thereof falfly to him, of Purpose to make the Deed void, this will rot hurt it.

And if the Party that is to feal the Deed can read himself, and doth not, and being an illiterate or a blind Man, doth not require to hear the Deed read, or the Contents thereof declared; in this Cafe, albeit the Deed be contrary to his Mind, yet it is good.

If a Stranger feal a Deed by the Allowance, or Commandment, Precedent, or Agreement fubfequent of him that ought to feal it, before the Delivery of it; this is as good as if the Party himself had fealed it.

And if the Party feal it with any Seal, or a Stick that makes a Print, it is good; for if twenty be to feal a Deed, and they feal all with one Seal, if they make diftinct and feveral Prints, this is good.

If a Writing be never fo well written and delivered, yet if it be not fealed between the Writing and Delivery, it is not a good Deed;

but

but it is a good Deed, although it he not figned by the Party that does feal and deliver it.

Delivery of a Deed is either actual by Deeds Delivery. without Words, or Verbal by Words without Deeds; and by one of thefe Ways it must be made, otherwife let a Deed be never fo well made and fealed, it will not be a good Deed,

And therefore, if the Party to whom it is made, take it up, or get it into his Hands, it will be of no Ufe to him.

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A Deed may be delivered by the Party himfelf that doth make it, or by any other by his Appointment, or Authority precedent, or Agreement fubfequent; and when it is delivered by another that hath good Authority, who doth perfue it, it is as good as if it were delivered by the Party: But if he do not perfue his Authority then it is otherwise.

A Deed may be delivered to the Party himfelf to whom it is made, or to the Ufes within mentioned, or to any other by fufficient Authority from him; or it may be delivered to any Stranger for, and in the Behalf, and to the Ufe of him to whom it is made without Authority: But if it be delivered to a Stranger, without any fuch Declaration, Intention or Intimation, except it be in Cafe where it is delivered as an Escrow, it is doubtful.

If the Delivery of the Deed be before or after the Day of the Date of the Deed, it is good enough; but if it be delivered before it be fealed, it is not good.

If after a Man has fealed a Deed, he delivers it to him to whom it is made, or to fome other by his Appointment, and fay nothing, this is a good Delivery: So if I take the Deed in my Hand, and ufe thefe or the like Words, Here

take

take it; or, this will ferve; or, I deliver this as my Deed; or, I deliver this to you; these are good Deliveries.

So if I make a Deed of Land to another, and being upon the Land, I deliver him the Deed in the Name of Seifin of the Land; fo if a Deed be fealed, and lying in a Window, or on a Table, and a Man ufes thefe or the like Words, There it is, Take it as my Deed; these are good Deliveries, and good Deeds.

The Delivery of a Deed as an Efcrow, is where one doth make and feal a Deed, and deliver it in apt Words to a Stranger until certain Conditions be performed; and then to be delivered to him to whom it is made, to take Effect as his Deed.

In fuch Cafe the Party will not have the Advantage of the Deed until the Conditions are performed: But if you Seal and Deliver it to the Party himself, to whom it is made as an Efcrow upon Condition, in this Cafe, let the Words be what they will, the Delivery is Abfolute, and the Deed fhall take Effect presently, and the Party is not bound to perform the Conditions.

Regularly there cannot be two Deliveries of one Deed, unless it be where the firft Delivery is on Condition that a fecond Delivery be made; for where the first doth take any Effect at all, the fecond is void: But where it doth take no Effect at all, as before in Cafe of an Escrow, or is void by the firft Delivery; as a Woman that hath a Hufband doth feal and deliver a Deed, and when the is fole after her Hufbands Death doth deliver the Deed again, by this Means the Deed is become good.

So

So where a Deed once good, afterwards becomes void by fome Accident, as by the Breaking of the Seal, or the like; and the Party feal and deliver it again, by this Means it is made good again: And if the Name or Mark be worn out, it will be convenient to have it figned anew, though it will be good without it.

The Deed of a Corporation needs not any Delivery, but the putting the Common Seal gives it Perfection. Davis Rep. 44. Dean and Chapter, Fern's Cafe.

It was refolved in Thoroughgood's Cafe, 9 Rep. 136, that the actual Delivery of a Writing fealed to the Party, without any Words, is a good Delivery; fo to deliver a Writing without faying, As his Act and Deed.

Leffee grants his Term by Deed, and Seals it in the Prefence of the Grantee, and of feveral other Perfons, and the Deed was read, but not delivered, but left in the fame Place, adjudged a good Delivery in Law. Crok. Eliz. P. 7. Shelton's Cafe.

If a Man feal a Writing, and deliver it to a Stranger to deliver it to the Party to whom it is made, after certain Conditions performed, if the Stranger delivers it before the Conditions performed, yet this is his Deed, and he is put to his Remedy against the Stranger. 9 H. 6. 37. b. contra 14 H. 6. 1.

A Deed may be well made, read, fealed and Deeds void delivered, and yet may be void, or at leaft by Compulvoidable for other Caufes; as when it is inju. fion, Ufury, riously gotten by Force, or dishoneftly by Fraud, or upon fome corrupt Agreement.

As where one doth threaten another to kill or maim him, if he will not make him a Deed of Feoffinent, Gift, Grant, Leafe, Release, Obligation,

Fraud.

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