Deed
Zell's Condensed Dictionary · 1879 · p. 15
(déd.) [A. S. dæd.] (Law.) A writing sealed and delivered by the parties concerned. If made by only one party, it is a deed-poll; if by two or more, an indenture. The e ential parts ofa D. are the date and names of the parties; the recitals, in which the intention of the parties, and former transactions with reference to the same party, are recounted;-and the operative part, which tells the considerations for which the deed is made; the conveyance by and to the several parties; the descriptim of the tenements, their legal adjuncts; the habendum, beginning with " to have and to hold," expre ing the quantity of estate conveyed; the declaration of uses, which limits or modifies the enjoyment to one or more parties, according to stipulations previously made; the declaration of trusts, if any; and, lastly, the covenants for title, and such as maybe required by the peculiar circumstances of the case. It must be signed and sealed by the grantor, and also by the grantee, if he has entered into any engagement or covenant. Witne es usually attest the D.; but this is indispensable only where (apo wer having been given to be executed by the D.) the terms of the power require such attestation. [s. 271]
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