GRANT,
conveyancing, concessio. Technically speaking, grants are applicable to
the conveyance of incorporeal rights, though in the largest sense, the
term comprehends everything that is granted or passed from one to
another, and is applied to every species of property. Grant is one of
the usual words in a feoffment, and differs but little except in the
subject-matter; for the operative words used in grants are dedi et
concessi, "have given and granted."
2.
Incorporeal rights are said to lie in grant and not in livery, for
existing only in idea, in contemplation of law, they cannot be
transferred by livery of possession; of course at common law, a
conveyance in writing was necessary, hence they are said to be in grant,
and to pass by the delivery of the deed.
3.
To render the grant effectual, the common law required the consent of
the tenant of the land out of which the rent, or other incorporeal
interest proceeded; and this was called attornment. (q. v.) It arose
from the intimate alliance between the lord and vassal existing under
the feudal tenures., The tenant could not alien the feud without the
consent of the lord, nor the lord part with his seigniory without the
consent of the tenant. The necessity of attornment has been abolished in
the United States.
4 Kent, Com. 479. He who makes the grant is called the grantor, and he
to whom it is made the grantee. Vide Com. Dig. h. t.; 14 Vin. Ab. 27;
Bac. Ab. h. t. 4 Kent, Com. 477; 2 Bl. Com. 317, 440; Perk. ch. 1;
Touchs. c. 12; 8 Cowen's R. 36.
4.
By the word grant, in a treaty, is meant not only a formal grant, but
any concession, warrant, order, or permission to survey, possess or
settle; whether written or parol, express, or presumed from possession.
Such a grant may be made by law, as well as by a patent pursuant to a
law., 12 Pet. R. 410. See, generally, 9 A. & E. 532; 5 Mass. 472; 9 Pick. 80.
GRANT, BARGAIN, AND SELL.
- By the laws of the states of Pennsylvania, Delaware, Missouri, and
Alabama, it is declared that the words grant, bargain, and sell) shall
amount to a covenant that the grantor was seised of an estate in fee,
freed from encumbrances done or suffered by him, and for quiet enjoyment
as against all his acts. These words do not amount to a general
warranty, but merely to a covenant that the grantor has not done any
acts nor created any, encumbrance, by which the estate may be defeated. 2
Binn. R. 95 3 Penna. R. 313; 3 Penna., R. 317, note; 1 Rawle, 377; 1
Misso. 576. Vide 2 Caines R. 188; 1 Murph. R. 343; Id. 348; Ark. Rev. Stat, ch. 31, s. 1; 11 S. & R. 109.
GRANTEE. He to whom a grant is made.
GRANTOR. He by whom a grant is made.
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