DEED

A deed, in Law, is a writing sealed and delivered by the parties. If made by one party only, it is termed a deed poll; if by several, an indenture. The formal parts bf a deed of conveyance are, first, the date and names of the parties; secondly, the recitals, in which the intention of the parties and former transactions with reference to the same property are recounted, so far as nece ary; then the operative part. This expre es, first, the consideration for which the deed is made (which for many sorts of deeds is now merely nominal); then the conveyance by and to the several parties; then the parcels, or description of the tenements and their legal adjuncts; then what is termed the habendum, beginning with the words " to have and to hold," expre ing the quantity of estate. conveyed; then the declaration of uses, wliich limits or modifies the enjoyment to one or more parties, according to the stipulations previously made; then the declarations of trusts, if any, that is, of equitable interests created in the property; and lastly, the covenants for title. These covenants stand in the place of the ancient warranty, a clause by which the grantor warranted and secured to the grantee the thing granted; arising out of the feudal custom, Avhereby if a lord had thus warranted a fief, and the tenant was afterwards evicted, the lord was bound to recompense him with another fief of equal value. The covenants relating to the title secure to the grantee a pecuniary compensation for any damage he may suffer contrary to their stipulations. Besides the covenants for title, such as may be demanded by the peculiar circumstances of the case, — as in a lease the covenants for repairing, payment of rent, ., — covenants in general, when broken, give the covenantee an action for damages against the covenantor; or if he be dead, against his executor or administrators to the extent of his personal property in their hands; or if the covenant be with him, his heirs and a igns, the remedy extends to the heir or grantee of the covenantee. Lastly, the conclusion of a deed contains its execution and date. It must be signed and sealed by the grantor; and also by the grantee, if any engagement or covenant is entered into by him. It is usual for witne es to attest the deed; but this is not nece ary, unle where a power having been given to be executed by deed the terms of the power require such attestation. There are several species of deeds; some having effect at common law, others under the Statute of Uses; some creating ain estate termed original or primary; some enlarging, restraining, transferring, or extinguishing estates already created, which are called secondary or derivative. [s. 332]