« 上一頁繼續 »
1 Plate, Houshold-Stuff, and the like, are granta
ble; also Trees, Grass, Fruit upon the Trees, | Wooll upon the Sheeps Back, Tythes, Deeds,
and almost all Things are grantable by Deed. 3
And some of these Things are grantable at the first in their Creation, but not allignable afterwards; and some of them are grantable and affignable over always.
And some Things may be granted entirely, but not in Part; and other Things may be . granted either entirely or in Parts : And some
Things that are incident to others, are not grantable withcut the Thing to which they are incident.
A bare Possibility of an Interest, which is uncertain ; a Rent, a Service, or other Thing that is wholly in Suspence; Things in Action, and Things of that Nature, as Causes of Suits, Rights and Titles of Entry ; Things that are fera Nature, as wild Conies, Hares, Deer, or the like, are not grantable at all by Deed; so neither are Trusts and Confidences of Lands or Goods.
You must take Care that there be no Mistake Persons and in the Names of the Persons and Things in Things deyour Deed, but be very exact and particular. scribed.
It is safe therefore to fet down the Parties by their Names of Baptism and Sirnames, with sufficient Additions of Place, Estate, Degree, Mystery, or Occupation, to distinguish them from other Persons of like Name.
And for the Thing, granted, it is safe to set it down by apt and usual Names; and by such other Accidents and Circumstances as may certainly describe it, and distinguish it from all others. But Mistakes in this Cafe, unless they be very grofs, will not make void the Deed.
Reading of If the Party that is to seal the Deed be a
the Deed, read or the Contents thereot declared
But if the Party himself that is to seal and
And if the Party that is to seal the Deed
trary to his Mind, yet it is good.
or Commandment, Precedent, or Agreement
And if the Party seal it with any Seal, or a
It a Writing be never so well written and
but it is a good Deed, although it be not signed
Delivery of a Deed is either actual by Deeds Delivery,
And therefore, if the Party to whom it is made, take it up, or get it into his Hands, it will be of no Ule to him.
A Deed may be delivered by the Party him. self that doth make it, or by any other by his Appointment, or Authority precedent, or Agreement subsequent; and when it is delivered by another that hath good Authority, who doth persue it, it is as good as if it were delivered by the Party : But if he do not persue his Authority then it is otherwise.
A Deed may be delivered to the Party himself to whom it is made, or to the Uses within mentioned, or to any other by sufficient Authority from him; or it may be delivered to any Stranger for, and in the Behalf, and to the Use of him to whom it is made without Authority : But if it be delivered to a Stranger, without any such Declaration, Intention or Ins timation, except it be in Case where it is delivered as an Escrow, it is doubtful.
If the Delivery of the Deed be before or af. ter the Day of the Date of the Deed, it is good enough; but if it be delivered before it be seala ed, it is not good.
It after a Man has sealed a Deed, he delivers it to him to whom it is made, or to some other by his Appointment, and say nothing, this is a good Delivery: So if I take the Deed in my Hand, and use these or the like Words, Here
take it;' dr, this will serve; or, I deliver this 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 Seisin of the Land; so if a : Deed be sealed, and lying in a Window, or on a Table, and a Man uses these 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 Escrow, is where one doth make and seal a Deed, and deliver it in apt Words to a Stranger until certain Conditions be performed; and then to be deli. vered to him to whom it is inade, to take Ef. fect as his Deed.
In such Case 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 Fscrow upon Condition, in this Case, let the Words be what they will, the Delivery is Absolute, and the Deed Mall take Effect presently, and the Party is not bound to perforin the Conditions.
Regularly there cannot be two Deliveries of one Leed, unless it be where the first Delivery is on Condition that a second Delivery be made; for where the first doth take any Effect at all, the second is void: But where it doth take no Effect at all, as before in Case of an Escrow, or is void by the first Delivery; as a Woman that hath a Husband doth seal and deliver a Deed; and when the is sole after her Husbands Death doth deliver the Deed again, by this Means the Deed is become good.
So where a Deed once good, afterwards becomes void by some Accident, as by the Breaking of the Seal, or the like ; and the Party seal 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 signed 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 Case.
It was resolved in Thoroughgood's Case, 9 Rep. 136, that the actual Delivery of a Writing fealed to the Party, without any Words, is a good Delivery ; so to deliver a Writirig without saying, As bis A& and Deed.
Lefsee grants his Terin by Deed, and Seals it in the Presence of the Grantee, and of several other Persons, and the Deed was read, but not delivered, but left in the same Place, adjudged a good Delivery in Law. Crok. Eliz. p. 7. Shelton's Cafe.
If a Man seal a Writing, and deliver it to a Straiger 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 puit to his Remedy against the Stranger. 9 H. 6. 37. b. contra 14 H. 6. 1.
A Deed may be well inade, read, sealed and Deeds void delivered, and yet may be void, or at least by Compulvoidable for other Causes; as when it is inju. fion, Usury,
Fraud, riously gotten by Force, or dishonestly by Fraud, or upon some 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, Lease, Release, O