Ford v. Grey, 6 Mod. 45. ante, c. 11. $8. Consideration. estopped to say that he had not received any money for the use of the obligee. 27. Where it can be proved, that a deed was actually executed, and is lost, the recital of it in another deed is evidence of it. 28. After the recitals comes the witnessing part, which begins with an account of the consideration; and if it be a pecuniary one, the payment of it is mentioned, and the grantor acknowledges the receipt of 2 Atk. 478. it, and releases the grantee from the payment of it. And it is also usual to indorse a receipt for the consideration, where it is pecuniary, on the back of the deed, which should be signed by the party who receives the money. 3-112. Grant or Conveyan. vol. 1.323. 29. The next thing is the grant or release by which the lands are transferred. The technical words, where necessary, by which this transfer is made, differ according to the different kinds of conveyance, and have been already stated. 30. It should however be observed, that some difference of opinion has existed respecting the Bridgeman's necessity of the word grant. Sir J. Palmer thought, that in a deed to pass an inheritance, where there was a common in gross, the word grant was absolutely necessary; for it could not pass by the livery: from which it was supposed that incorporeal hereditaments, severed from the inheritance, could only pass by the word grant. This must however be confined to feoffments; for in conveyances derived from the statute of uses, advowsons, commons, and all other incorporeal hereditaments, may be conveyed without the word grant. ante, c. 9. $19. Touch. 89. 31. When any thing is granted, all the means to attain it, and all the fruits and effects of it, are also granted, and will pass inclusive, together with the ΙΟ thing itself, without the words cum pertinentiis: for it is a maxim, cuicunque aliquid conceditur, etiam et id sine quo res ipsa non esse potuit. 183. 32. Thus if a person grants a piece of ground in Fitz. N. B. the middle of his estate; he at the same time impliedly grants a way to it, and the grantee may pass Tit. 24. § 11. over the land of the grantor for that purpose, without being guilty of a trespass. granted. 33. The grant or release is immediately followed Description of the things by the description of the things granted, which cannot be too minute and accurate. Every thing intended to be conveyed should be particularly mentioned, and set down in its proper order; such as manors, messuages, farms, lands, tenements, and hereditaments; all which should be described by their situation, county, hundred, tithing or vill, hamlet and parish, number of acres, and boundaries, and in whose tenure and occupation. 228. 34. Originally the kingdom, in reference to civil 1 Freem. matters, was divided into counties, hundreds and 1 Comm. vills, tithings, or townships: for parishes were divi. 115. sions only in reference to ecclesiastical affairs, of which the common law took no notice; but in process of time parishes became divisions allowed in reference to civil matters. 35. Therewas a parish and also a vill called Street, Stoke v. Pope, and a person having lands in the vill of Street, and 2 Roll. Ab. also lands in the parish of Street, but not within the 54. vill of Street, conveyed all his lands in Street. It was resolved that the lands in the vill only passed; because when Street was named generally, it must be understood of the vill only. 36. The word manor has a very extensive signifi- 1 Inst. 5 a. cation; for it will pass, 1st. All the demesnes; that is, all the lands whereof the lord is seised within the manor; and also the freehold of all lands held by copyholders or other customary. tenants, together with all the wastes. 2d. All the services, such as fealty, suit of court, rents, &c. 3d. All courts baron, courts leet, with the fines and perquisites annexed thereto, and all other franchises that are parcel of, or appendant to the manor at the time of the conveyance. The site and demesnes of the manor. Rogers, Tit. 28. c. 1. may however be separated in a lease from the manor itself. Tanfield v. § 29. Touch. 92. 37. An advowson appendant to a manor will pass by a conveyance of the manor, even though the word appurtenants be omitted; because it is parcel of the manor: but things which are not parcel of the manor will not pass by a conveyance of the manor; unless they have gotten from time immemorial a reputation of appendancy. 38. Lands held in fee simple of a manor, are not considered as parcel of the manor, although the rents 1 Inst. 324 b. and services issuing out of such lands are parcel of a manor. But where lands which originally constituted part of the demesnes of a manor are granted out for life or in tail, the reversion remains parcel of the manor, and will pass by a conveyance of the manor; for, as Mr. Pigot observes, when a person is seised of a manor and demesnes in possession, and makes a lease for life, and parts with the possession of what he so leases; in lieu of the possession, he has the reversion and services, which are annexed to the manor, and constitute a part of it; and the reversion and services naturally follow the right and nature of the land. Recov, 42. Acton's Case, 792. 39. A court baron being incident to a manor of common right, the manor cannot be granted by a private person, with an exception of the court baron and its perquisites; but may be so granted by the King, $49. 40. It has been stated, that although many manors Dissert. c. 3. have been destroyed, yet they still continue to be Finch's Case, called manors, though in fact they are only reputed 6 Rep. 66. manors; and a reputed manor will pass in a conveyance by the word manor. 41. The word hundred will only pass the franchise, Bays v. Bird, not the lands lying within the hundred. 2 P. Wms. 397. 1 Inst. 5 b. Smith v. Martin, 2 Saund. 400. 42. The word messuage is synonimous with dwelling house; and a grant of a messuage with the appurtenances will not only pass a house, but all buildings attached or adjoining to it; as also its curtilage, garden, and orchard; together with the close in which the house is built. But if a greater quantity of land has been usually occupied with the house, yet it will not pass. 43. The word farm comprehends many things; 1 Inst. 5 a. for by the conveyance of a farm will pass a messuage, arable land, meadow, pasture, wood, &c., thereto belonging, or therewith used; because this word properly signifies a messuage, with a quantity of demesnes thereto belonging. Touch. 93. 44. The word land, strictly taken, only signifies arable land. For in the ancient præcipes we constantly find the words, terra, pratum, et pastura; land, meadow, and pasture. But this confined meaning of the word land was only adopted when used in a præcipe, in an adversary suit; for Lord Coke says 1 Inst. 4 a. land, in the legal signification, comprehends any ground, soil, or earth whatever, as meadows, pastures, woods, moors, waters, marshes, furzes, heaths; and that it also includes all castles, houses, and other buildings thereon; which will pass with it. 45. Land is often described according to its admeasurement; and in that case the acres shall be taken according to the estimation of the country in VOL. IV. Y Some v. Cro. Eliz. 665. Morgan v. 1 Inst. 48 b. 1 Inst. 4 b. Idem. Idem. 1d. n. 1. d. 5 b. which it lies; not according to the statute de terris mensurandis. But where a person has a close containing 20 acres of land by estimation, but which in reality is not 18, and he grants 10 acres of that close to another, the grantee shall have them according to statute measure; because those acres were not known by parcels, or by metes and bounds. 46. Where a person has a moveable estate of inheritance in 13 acres of land, parcel of a meadow of 80 acres, he may convey it by the description of 13 acres, lying within the meadow of 80 acres, without bounding or describing it in certainty. 47. If a person grants to another the profit of certain lands, and makes livery of seisin secundum formam charta, the land itself will pass, together with the vesture, herbage, trees, mines: for what is the land but the profits thereof. 48. If a man seised of several acres of wood, grants to another omnes boscos suos, all his woods; not only the woods growing upon the land pass, but the land itself; for boscos not only includes the trees, but also the land whereupon they grow. 49. If a man grants all his pastures, the land employed in the feeding of beasts will pass; as also such pastures and feedings as the grantor has in another man's soil. And if a person grants omnia prata sua, all his meadows, the land itself of that kind will pass. 50. Lord Coke says, a grant of vesturam terræ will not pass the soil ; but only the corn, grass, and underwood. This has been doubted; and it has been contended, that the words vesture of lands, means all the profits. 51. Where a person has a forest, park, chase, vivary, and warren, in his own ground, and grants them away; not only the privilege and franchise, |