GRANT
A Law Dictionary · 1910 · p. 12
A generic term app llc able to all transfers of real property. 3 Washb. Real Prop. 181, 353. A transfer by deed of that which cannot be pa ed by llvery. Williams, Real Prop. 147, 149; Jordan v. Indianapolis Water Co., 159 Ind. 337, 64 N. E. fSSO. An act evidenced by letters patent under the great seal, granting something from the king to a subject Cruise, Dig. tit 33, 34; Downs v. United States, 113 Fed. 147, 51 C. C. A. 100. A technical term made use of in deeds of conveyance of lands to import a transfer. 3 Washb. Real Prop. 378--380. Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be pa ed by livery, and, of course, was applied only to incorporeal hereditaments, it has now become a generic tel"m, applicable to the transfer of all cla es of real property. 3 Washb, Real l'rop; 181. As distinguished from a mere license, a grant pa es some estate or interest, corporeal or incorporeal, in the lands which it embraces; can only be made by an instrument in writing, under seal; and is irrevocable, when made, unle an expre power of revocation is reserved. A license is a mere authority; pa es no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protect fon which it gave ceases to exist. Jamie son v. Millemann, 3 Duer (N. Y.) 255, 258. The term "grant," in Scotland, ls used in reference (1) to original dispositions of land, as when a lord makes grants of land among tenants; (2) to gratuitous deeds. Paters on. _ In such case,. the superior or donor is said to grant the deed; an expre ion totally unknown in English law. Mozley & Whitley. By the word "grant," in a treaty, ls meant not only a formal grant, but any conce ion, warrant, order,or permi ion to survey, po e , or settle, whether written or parol, expre , or presumed from po e ion. Such a grant may be made by law, as well as by a patent pursuant to a law. Str other v. Lucas, 12 Pet. 436, 9 L. Ed. 1137. And see Bryan T. Kennett, 113 U. S. 179, 5 Sup. Ct 413, 28 L. Ed. 908; Hastings v. Turnpike Co., 9 Pick. (Ma .) 80; Dudley v. Sumner, 5 Ma . 470. -,.Grant, bargain, and sell, Operative words in conveyances of real estate. See Muller v. Boggs, 25 Cal. 187; Hawk v. McCullough, 21 Ill. 221; Ake v. Mason, 101 Pa. 20.-Grant and to freight let, Operative words in a charter party, implying the placing of the ves- 1el at the disposition of the charterer for the purposes of the intended voyage, and generally transferring the po e ion. See Christie v. Lewis, 2 Brod. & B. 441.-Grant of personal property, A method of transferring personal property, distinguished from a gift by being always founded on some consideration or equivalent. 2 BL Comm. 440, 441. Its proper legal tile sign at i on is an "a ignment," or "bargain and sale." 2 Steph. Comm. 102.-Grant to uses, The common grant with uses superadded, which has become the favorite mode of transferring realty in England. Wharton.-Private [s. 553]
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