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devise, or other transmission of property by the mutual consent of the parties.
2. Who are capable of conveying, and who of purchasing ?—290.
All persons in possession are prima facie capable both of conveying and purchasing, unless the law has laid them under any particular disabilities. 3. Must the alienor have an estate ?—290.
Yes ; if a man has only in him the right of either possession or property, he cannot convey it to any other. Yet reversions and vested remainders may be granted.
4. May contingencies and mere possibilities be assigned to a stranger ?–290.
They cannot, unless coupled with some present interest. 5. What descriptions of persons are incapable of conveying ?290–293.
Persons attainted of treason, felony, præmunire ; idiots, and persons of nonsane memory ; infants and femes covert ; papists.
6. Are conveyances and purchases by idiots and persons of non tane memory, infants, and persons under duress, void ?—291.
They are voidable, but not actually void.
7. May a non compos himself, afterward brought to a right mind, be permitted to allege his own insanity, in order to avoid his grants, or other acts ?—291, 292.
He may not. The king, on behalf of an idiot, may do so 8. May his next heir, or other person interested, plead it ?—292.
The next heir, or other person interested, may, after tho death of the idiot or non compos, take advantage of his incapacity and avoid the grant.
9. May an infant waive his purchase, or conveyance, when he comes of full age 2—292.
He may; or, if he does not then actually agree to it, his þeirs may waive it after him.
10. May a feme covert purchase an estate without the consent of her husband ?-293.
She may purchase an estate without his consent, and tho conveyance is good during the coverture, till be avoids it by some act declaring his dissent. And, though he does nothing to avoid it, or even if he actually consents, the feme covert herself may, after the death of her husband, waive or disagree to the same; nay, even her heirs may waive it after her, if she dies before her husband, or if in her widowhood she does nothing to express her consent or agreement.
11. What only can an alien purchase and hold ?-293.
He may purchase anything ; but after purchase he can hold nothing, except a lease for years of a house for convenience of merchandise.
12. What are the legal evidences of alienation, or transfer of property, styled ?—294.
The common assurances of the kingdom; whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 13. Of what kinds are these common assurances ?-294.
They are of four kinds : 1. By matter in pais, or deed; which is an assurance transacted between two or more privato persons in pais, in the country; that is, according to the old common law, upon the very spot to be transferred.
2. By matter of record, or an assurance transacted only in the king's public courts of record.
3. By special custom, obtaining in some particular places, and relating only to some particular species of property.
4. By devise, contained in a last will and testament.
OF ALIENATION BY DEED.
1. What is a deed I-295.
A deed is a writing sealed, and delivered, by the parties.
2. What is an indenture?-295.
Formerly, when deeds were more concise than at present, it was usual to write both parts on the same piece of parchment, with some words or letters of the alphabet written between them, through which the parchment was cut, either in a straight or indented line, in such a manner as to leave half the word on one part, and half on the other. But at length indenting only has come into use ; without cutting through any letters at all ; and it seems at present to serve for little other purpose than to give name to the species of deed.
3. Which is the original, and which the counterpart, of a deed ? -296.
When the several parts of an indenture are interchangeably executed by the several parties, that part or copy which is executed by the grantor is usually called the original; and the rest are counterparts.
4. What is a deed-poll 2–296.
It is a plain deed, made by one party only, not indented, but polled or shaved quite even ; and, therefore, called a deedpoll, or a single deed.
5. What are the requisites of a deed ?-296-308.
They are eight : 1st. There must be persons able to contract and be contracted with, for the purposes intended by the deed ; and also a thing, or subject matter, to be contracted for ; all which must be expressed by sufficient names.
2d. The deed must be founded upon good and sufficient consideration.
3d. The deed must be written or printed, on paper or parchment.
4th. The matter written must be legally and orderly set
5th. The deed must be read, if any of the parties desire it. 6th. The party whose deed it is should seal and sign it.
7th. It must be delivered by the party himself, or his certain attorney.
8th. It must be attested, or executed, in the presence of witnesses.
6. What are the usual formal and orderly parts of a deed !-298– 304.
They are eight : 1st. The premises. 2d. The habendum. 3d. The tenendum. 4th. The reddendum. 5th. The conditions. 6th. Warranty. 7th. Covenants or conventions. 8th. The conclusion.
7. What are the premises in a deed ?4298.
The premises may be used to set forth the number and names of the parties, with their additions or titles.
8. What are the habendum and tenendum ?—298, 299.
The office of the habendum is properly to determine what estate or interest is granted by the deed.
The tenendum, “and to hold,” is now of very little use, and is only kept in by custom.
9. What is the reddendum?—299.
The reddendum is a reservation, whereby the grantor dotb create or reserve some new thing to himself out of what he had before granted, or rent.
10. What is a condition ?—299.
It is a clause of contingency, on the happening of which the estate granted may be defeated.
11. What is the clause of warranty?-300.
It is that part whereby the grantor doth, for himself and bis heirs, warrant and secure to the grantee the estate so granted. 12. What was the origin of express warranties ?—301.
They were introduced in order to evade the strictness of the feodal doctrine of non-alienation without the consent of the heir.
13. What is an express warranty 2-301.
It is a kind of covenant real, and can only be created by the verb warrantizo, or warrant.
14. What is the difference between lineal and collateral warranty? -301, 302.
Lineal warranty was where the heir derived, or might by possibility have derived, his title to the land warranted, either from or through the ancestor who made the warranty.
Collateral warranty was where the heir's title to the land neither was, nor could have been derived, from the warranting ancestor.
15. In case the warrantee was evicted, what was the obligation of the heir 9302.
To yield him other lands instead of those from which the warrantee has been evicted.
16. What are covenants-304.
They are clauses of agreement contained in a deed.
17. What is a covenant real?–304.
If the covenantor covenants for himself and his heirs, it 18 then a covenant real, and descends upon the heirs, who are bound to perform it, provided they have assets by descent, but not otherwise ; if he covenants also with his executors and administrators, his personal assets, as well as his real, are likewise pledged for the performance of the covenant ; which makes such covenant a better security than any warranty.
18. Of what does the conclusion of a deed consist ?–304.
It mentions the execution and date of the deed, or the time of its being given or executed, either expressly, or by reference to some day and year before mentioned.