bligation, &c. or doth imprison him 'till he make fuch a Deed, if it be not by due Procefs at Law, and thereupon he maketh fuch a Deed, this is not a good Deed to bind the Party that made it; but then it must be a Threatning of Life or Member, or Imprisonment, or Beating itself to the Party himself, and not a Threatning to do his Wife, or any of his Family, or House, or Goods, hurt, for that will not make the Deed void.

A Deed made in Purfuit and Execution of a ufurious Contract, which is fuch a Contract whereupon the Lender of Money is to have for the Loan of it above the Principal, more than after the Rate of five Pounds per Cent. per Annum, is void.

A Deed made containing the Grant of any Thing, with Intent and of Purpose to deceive and defraud one that shall afterwards buy the fame Thing, is void as to him that shall buy the Thing. A Deed made of any Thing with Intent and Purpose to deceive and defeat Creditors of their juft Debts and Duties, is void as to Creditors. A Deed made for the buying and felling of feveral Offices is void by the Statute of 5 Ed. 6. cap. 16.

S

And although a Deed be well made as to all the Particulars before mentioned, yet it may not be good for want of fome other Matter, as Inrollment, Livery of Seifin, or the like; for where thefe Things are requifite, the Deed of Feoffment or Grant, is not good until it be done; neither for that Thing which will not pafs without that Ceremony, nor yet for that, which otherwife had it been alone, might have paffed by the Deeds.

Where

Where Eftates pafs by Way of Ufe, on Confideration of Blood or Marriage, there it is ufual, at the End of fuch Settlements to add a Covenant to ftand feized, left any material Ceremony be omitted in the Execution of them.

ment.

Where a Deed is made to a Man of any Void by Thing without his Agreement, it is good, and Difagreedoth veft the Thing in him 'till Difagreement: But when he comes to know it, he may refuse it, and fo make the Deed of no Force: As when a Leafe for Years of Land, or Gift of Goods, or an Obligation is made and delivered to the Ufe of one, and he, when it is tendred to him, doth refuse it, and disagree to the fame, this is void.

But when once the Party, by his Acceptance and Agreement, makes the Deed good, he can never after refuse it, and by Disagreement make the Deed void: And when by his Refufal and Difagreement he hath made the Deed void, there regularly he can never after, by his Agreement, make it good. But of this laft, Quere.

A. let Land to B. by Indenture dated Febru- Falfe Rery 10. 27 H. 8. and after dies; and C. the Heir cital. of A. by Indenture recites the faid Leafe, but does it wrong, (viz.) reciting it to be dated February 10. 28 H. 8. and then lets it by the fame Indenture to D. for Years, to commence after the Expiration of the faid recited Leafe, and after the Sealing and Delivery of this laft Leafe, this Mifrecital is razed, and made Febru ary 10. 27 H. 8. according to the true Leafe; but it's not known by whom it was done, and when. Per Cur', This fhall not avoid the Intereft of the Eftate for Years, although it fhall avoid the Deed; and it's not neceffary to fhew

the

Deeds

the Deed for the Maintenance of the Estate. Hill. to Car. B. R. Miller and Manwaring.

If a Deed be razed or interlined by a Straivoidable by ger, in a material Part, by this it's void, Rafure, In- Roll's Rep. 40. 11 Rep, 27. Piggot's Cafe.

terlineation, &c..

If the Razure be in a Place not matérial, it is not void by it. 1 Leon. 282.

If a Deed contain divers abfoluté and distinct Covenants, and any of the Covenants be altered by Addition, Interlineation, or Razure, this Misfeazance, ex poft facto, avoids all the Deed for although they are feveral Covenants, yet it is but one Deed.

An Interlineation, without any Thing appearing in the Deed contrary to it, will be prefumed to be done at the Time of the making the Deed, and not after it. I Keb. 22. Trowel's Cafe.

A Deed well made, if it be after the fealing and delivery of it, altered by Razure, Interlineation, Addition, drawing a Line through the Words, though they be ftill legible, or by writing new Letters upon the old Letters, in any material Part of it, by this it is made void. Or if after the Sealing and Delivery, the Seal happen to be broken off, or utterly defaced, fo that no Print thereof remaineth; or if it be broken off, and glued or fewed on again, or the Wax heat and put on again, or the Label broken off and fewed on again; by whatever Means this be, unless it be by his Means that made the Deed, or happen to be broke in Court, by this the Deed is become void. Both Grantor and Grantee are to fign and feal the Deed, otherwife it is void to those as omit figning.

But

1

But a Leffor fealing, and not the Leffee, is a good Deed, because that is the Original, and the other merely a Counterpart: And if there happen to be any Variance between the Original and Counterpart, the Counterpart must be amended, and made to agree with the Original, which only is binding

A Deed is good without a Name or Mark, if duly fealed and delivered; but 'tis the best Way! to have it figned: A Writing not fealed and delivered, cannot be pleaded as a Deed, but as an Evidence only, or Proof of the Agreement therein. And the more Witneffes you have to a Deed, the lefs it is liable to Forgery.

All Deeds must be made upon a good and valuable Confideration, either of Money, Service, Nature, Blood, &c. bona fide: And all Deeds whatsoever are most strongly taken against the Grantors, &c. and for the Benefit and Advantage of the Grantees.

All Deeds have Relation to, and take Effect from the Time of their Delivery, and not altogether from their Date, for the Time of the Delivery is always prefumed to be the Time of their Date, unlefs the contrary do appear: And hence it is, that if a Statute be acknowledged the 24th Day of April, and the Conufee make a Release of all Demands, dated the 23d Day, and deliver it the 25th Day, by this Release the Statute is faid to be difcharged. And if a Writing be dated in the Minority of an Infant, and is fealed and delivered by him when he is of full Age; this is a good Deed, and will bind him. A Deed may be dated a reasonable Time backward, but not any Time forward: And the firft Deed and laft Will fhall ftand in force.

Pleading to a

A Deed made to a Man and his Heirs for Term of Years, will go to his Executors as a Chattel, and be void to his Heirs: And the contrary, if Lands be given to a Man and his Heirs and Executors for ever, it will go to the Heirs as a Freehold, and be void as to his Executors.

A Deed made by several Perfons, fome whereof have no Right, fhall be good against him or them which have Right, but void as to those which have no Right; and fhall be taken only as the Deed of those which have the Right.

A Deed made as a Feofment, Indenture, &c. may pass fometimes as a Grant, Surrender, Deed Poll, &c. and be good.

And when a Deed may enure to divers Purposes, he to whom it is made fhall have Election which Way to take it, that Way as may be moft for his Advantage.

Where a Man is fued upon a Deed, if when Deed, r. the fame is brought into Court it appears to want Writing, Sealing, or Delivery; or if it be not fealed, written, and delivered as it ought to be, he may take Advantage and plead Non eft factum, that it is not his Deed.

So he may alfo, when upon Alteration or Rafure the Deed is become void.

So alfo where the Deed hath loft its Vertue, by the not reading or mif-reading it to an illeterate Perfon; or by Refufal or Disagreement.

But in all Cafes where the Deed is only voidable at the Time of the Pleading; as when it is fealed by an Infant, or per Durefs, or where the Obligation, &c. is joint, and but one of the Parties fued; in fuch like Cafes the Party muft avoid it by fpecial Pleading, and pray Judgment if the Plaintiff ought to have his Ation.

When