2.
Deed, in its more confined sense, signifies a writing, by which lands,
tenements, and hereditaments are conveyed, which writing is sealed and
delivered by the parties.
3.
The formal parts of a deed for the conveyance of land are, 1st. The
premises, which contains all that precedes the habendum, namely, the
date, the names and descriptions of the parties, the recitals, the
consideration, the receipt of the same, the grant, the full description
of the thing granted, and the exceptions, if any.
4. - 2d. The habendum, which states that estate or interest is granted by the deed this is sometimes, done in the premises.
5.
- 3d. The tenendum. This was formerly used to express the tenure by
which the estate granted was to be held; but now that all freehold
tenures have been converted into socage, the tenendum is of no use and
it is therefore joined to the habendum, under the formula to have and to
hold.
6th.
The redendum is that part of the deed by which the grantor reserves
something to himself, out of the thing granted, as a rent, under the
following formula, Yielding and paying.
7. - 5th. The conditions upon which the grant is made. Vide Conditions.
8.
- 6th. The warranty, is that part by which the grantor warrants the
title to the grantee. This is general when the warrant is against all
persons, or special, when it is only against the grantor, his heirs, and
those claiming under him. See Warranty.
9.
- 7th. The covenants, if any; these are inserted to oblige the parties
or one of them, to do something beneficial to, or to abstain from
something, which, if done, might be prejudicial to the other.
10. - 8th. The conclusion, which mentions the execution and the date, either expressly, or by reference to the beginning.
11.
The circumstances necessarily attendant upon a valid deed, are the
following: 1. It must be written or printed on parchment or paper. Litt.
229, a; 2 Bl. Com. 297. 2. There must be sufficient parties. 3. A
proper subject-matter which is the object of the grant. 4. A. sufficient
consideration. 5. An agreement properly set forth. 6. It must be read,
if desired. 7. It must be signed and sealed. 8. It must be delivered. 9.
And attested by witnesses. 10. It should be properly acknowledged
before a competent officer.
11. It ought to be recorded.
12.
A deed may be avoided, 1. By alterations made in it subsequent to its
execution, when made by the party himself, whether they be material or
immaterial, and by any material alteration, made even by a stranger.
Vide Erasure; Interlineation.
2.
By the disagreement of those parties whose concurrence is necessary;
for instance, in the case of a married woman by the disagreement of her
hushand. 3. By the judgment of a competent tribunal.
13.
According to Sir William Blackstone, 2 Com. 313, deeds may be
considered as (1), conveyanees at common law, original and derivative.
1st. The original are, 1. Feoffment. 2. Gift. 3. Grant. 4. Lease. 5.
Exchange; and 6. Partition. 2d. Derivative, which are 7. Release. 8.
Confirmation. 9. Surrender. 10. Assignment 11. Defeasance. (2).
Conveyances which derive their force by virtue of the statute of uses;
namely, 12. Covenant to stand seised to uses. 13. Bargain and sale of
lands. 14. Lease and release. 15. Deed to lead and declare uses. 16.
Deed of revocation of uses.
14. The deed of, bargain and sale, is the most usual in the United States. Vide Bargain and Sale.
Chancellor Kent is of opinion that a deed would be perfectly competent
in any part of the United States, to convey the fee, if it was to the
following effect: "I, A, B, in consideration of one dollar to me paid,
by C D, do bargain and sell , (or in some of the states, grant) to C D,
and his heirs, (in New York, Virginia, and some other states, the words,
and his heirs may be omitted,) the lot of land, (describing it,)
witness my hand and seal," &c. 4 Kent, Com. 452. Vide, generally,
Bouv. Inst. Index, h. t.; Vin. Abr. Fait; Com. Dig. Fait; Shep. Touch.
ch. 4; Dane's Ab. Index, h. t.; 4 Cruise's Dig. passim.
15.
Title deeds are considered as part of the inheritance and pass to the
heir as real estate. A tenant in tail is, therefore, entitled to them;
and chancery will, enable him to get possession of them. 1 Bro. R. 206; 1
Ves. jr. 227;11 Ves. 277; 15 Ves. 173. See Hill. Ab. c. 25; 1 Bibb, R.
333: 3 Mass. 487; 5 Mass. 472.
16.
The cancellation, surrender, or destruction of a deed of conveyance,
will not divest the estate which has passed by force of it. 1 Johns. Ch.
Rep. 417 2 Johns. Rep. 87. As to the effect of a redelivery of a deed,
see 2 Bl. Com. 308 2 H. Bl. 263, 264.
DEED POLL,
contracts. A deed made by one party only is not indented, but polled or
shaved quite even, and is, for this reason, called a deed poll, or
single deed. Co. Litt. 299, a.
2.
A deed poll is not, strictly speaking, an agreement between two
persons; but a declaration of some one particular person, respecting an
agreement made by him with some other person. For example, a feoffment
from A to B by deed poll, is not an agreement between A and B, but
rather a declaration by A addressed to all mankind, informing them that
he thereby gives and enfeoffs B of certain land therein described.
3.
It was formerly called charta de una parte, and, usually began with
these words, Sciant praesentes et futuri quod ego A, &c.; and now
begins, "Know all men by these presents, that I, A B, have given,
granted, and enfeoffed, and by these presents do give, grant and
enfeoff," &c. Cruise, Real Prop. tit. 32, c. 1, s. 23.
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