When a Deed is fhewed in Court, it remains there ufually all that Term in the Cuftody of the Cuftos brevium: And when he that is Party or Privy in Estate or Intereft, or one who juftifies in the Right of him that is fuch Party or Privy, doth plead a Deed in any Court, altho he claim but Parcel of the Original Eftate; yet he muft fhew the Original Deed to the Court to approve itself: And the adverfe Party may take. any Advantage by it that it will afford him, whether it be upon a Condition, Limitation, or Revocation, &c.

But Strangers to an Estate that are neither Parties nor Privies, are not compellable to fhew a Deed, tho' they make use of it.

If the Poffeffion of a Deed be denied, then it is to be kept in Court until it be determined.

But if at the End of the Term the Deed be not denied, then the Law doth judge the Poffef fion of the Deed in him to whom it doth belong. Co. Lit. 225, 231, 267, 317

A Deed may be vacated in the Court of Chand cery, when it appeareth that the Deed was obtained by fome Fraud, Force, Circumvention; or when it doth appear to be forged, and the like. Bro. fait 38. Crompt. Jur. 29, 40.

No Purchaser can avoid a precedent Conveyance made by Fraud, but he that is a Purchafer for Money or other valuable Confideration paid; for tho' Confideration of Blood be a good Confideration, yet it is not such a Confideration as is intended by the Statute of 27 El. c. 4.

And the Statute of 27 Eliz hath made voluntary Eftates made with Power of Revocation as to Purchasers, in equal Degree with Conveyances made by Fraud and Covin to defraud Creditors. :

A Deed Poll.

Deeds by
Indenture.

An Affignment of a Lease, where the Affignor keeps Poffeffion is fraudulent, and fuch Fraud may be averred. Ventris Rep. 1 Part. fo. 329, 337

If a Man fettles his Eftate upon his Coufin by Fine and Recovery, and after fell it to J. S. for a valuable Confideration, the Settlement is fraudulent as to the Purchaser. Siderf. 1 Part, fol. 133. Prodgers verfus Langham.

As to the Expofition of Deeds, there are four Grounds. 1. That they may be most Beneficial to the Taker. 2. They fhall never be void, where the Words may be employ'd to fome Intent. 3. The Words fhall be construed according to the Intent of the Parties, and not otherwife. 4. They are to be confonant to the Rules of Law. Plowd. 160.

They must have a reasonable Expofition, and be without Injury to the Grantor, to the greateft Advantage of the Grantee: For the Law will never make any Conftruction of a Deed to the Prejudice of any; or against the Meaning of the Parties. Plowd. 161. Co. Lit. 313.

It is a good Rule to expound the Deed fo that all the Parts fhall ftand together: And no Man by his own Act fhall fruftrate his own Grant.

Obfervations and Maxims relating to the particular Parts of Deeds, with Law Cafes and Refolulutions thereupon.

AND firft, a Deed Poll confifts but of one

Part, which the Feoffee, Grantee or Leffee ufually hath: But the Deed indented confifts of more Parts than one, as Bipartite, when 'tis of two Parts; and there are two Parties to the

Deed,

Deed, and then commonly the Feoffor, Grantor or Leffor hath the one Part, and the Feoffee, Grantee or Leffee, the other Part. And fometimes it is Tripartite, (viz.) when there are three Parties and three Parts, and then generally each Party hath a Part of the Indenture. And fometimes it is Quadrupartite, (viz.) when there are four Parties, or four Sets of Parties, and four Parts of the Deed. And fometimes Quinquepartite, (viz.) when there are five Parties, and five Parts of the Deed. And fometimes Sextipartite, (viz.) when there are fix Parties, and fix Parts of the Deed.

And it is good and fafe to have two Parts of a Principal Deed, a Principal and Counterpart, and that and Couneach Party feal a Part to the other Party; yet ifterpart. there be but one Part, and that Part be made in the first or third Perfon, and both the Parties do feal and deliver this Part one to another, this is of the fame Force as if there were two Parts,' and if there be mutual Covenants, each of them may fue one another upon them: And where there are many Parties to a Deed, it is ufual for all the Parties to feal every Part of the Deed, efpecially in Settlements, where every Part is an Original, and there is no Counterpart.

As to the particular Parts of Deeds; a Deed Date. may be good without any Date, if the Sealing and Delivery and Time of doing it can be prov'd, as has been before obferved: And the Date may be either at the Beginning, or at the End of the Deed, and wherever it be put, it is fafe to put down the certain Day of the Month, the Year of the King or Queen's Reign, and the Year of our Lord.

The Names of Perfons in Deeds are to be fet Parties. down, to distinguish and to make the Perfon intended

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A Deed Poll.

Deeds by
Indenture.

An Affignment of a Leafe, where the Affignor keeps Poffeffion is fraudulent, and fuch Fraud may be averred. Ventris Rep. 1 Part. fo. 329, 3372

if a Man fettles his Eftate upon his Coufin by Fine and Recovery, and after fell it to J. S. for a valuable Confideration, the Settlement is fraudulent as to the Purchaser. Siderf. 1 Part, fol. 133. Prodgers verfus Langham.

As to the Expofition of Deeds, there are four Grounds. 1. That they may be moft Beneficial to the Taker. 2. They fhall never be void, where the Words may be employ'd to fome Intent. 3. The Words fhall be conftrued according to the Intent of the Parties, and not otherwife. 4. They are to be confonant to the Rules of Law. Plowd. 160.

They must have a reasonable Expofition, and be without Injury to the Grantor, to the greateft Advantage of the Grantee: For the Law will never make any Construction of a Deed to the Prejudice of any; or against the Meaning of the Parties. Plowd. 161. Co. Lit. 313.

It is a good Rule to expound the Deed fo that all the Parts fhall ftand together: And no Man by his own Act fhall fruftrate his own Grant.

Obfervations and Maxims relating to the particular Parts of Deeds, with Law Cafes and Refolulutions thereupon.

A

ND first, a Deed Poll confifts but of one Part, which the Feoffee, Grantee or Leffee ufually hath: But the Deed indented confifts of more Parts than one, as Bipartite, when 'tis of two Parts and there are two Parties to the

Deed,

Deed, and then commonly the Feoffor, Grantor or Leffor hath the one Part, and the Feoffee, Grantee or Leffee, the other Part. And fometimes it is Tripartite, (viz.) when there are three Parties and three Parts, and then generally each Party hath a Part of the Indenture. And fometimes it is Quadrupartite, (viz.) when there are four Parties, or four Sets of Parties, and four Parts of the Deed. And fometimes Quinquepartite, (viz.) when there are five Parties, and five Parts of the Deed. And fometimes Sextipartite, (viz.) when there are fix Parties, and fix Parts of the Deed.

terpart.

And it is good and safe to have two Parts of a Principal Deed, a Principal and Counterpart, and that and Couneach Party feal a Part to the other Party; yet if there be but one Part, and that Part be made in the first or third Perfon, and both the Parties do feal and deliver this Part one to another, this is of the fame Force as if there were two Parts, and if there be mutual Covenants, each of them may fue one another upon them: And where there are many Parties to a Deed, it is ufual for all the Parties to feal every Part of the Deed, efpecially in Settlements, where every Part is an Original, and there is no Counterpart.

As to the particular Parts of Deeds; a Deed Date. may be good without any Date, if the Sealing and Delivery and Time of doing it can be prov❜d, as has been before obferved: And the Date may be either at the Beginning, or at the End of the Deed, and wherever it be put, it is fafe to put down the certain Day of the Month, the Year of the King or Queen's Reign, and the Year of our Lord.

The Names of Perfons in Deeds are to be fet Partie. down, to distinguish and to make the Perfon intended

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