tially neceffary to the transfer of land; and was alone fufficient for that purpose. But as written charters constituted a much better fpecies of evidence of the agreement of the parties, a charter or deed, in imitation of the Breve Teftatum of the feudal law, was usually prepared, and executed: and was delivered to the purchaser at the fame time with the land. § 22. The increase of commerce and wealth having introduced a greater degree of refinement in manners, agreements and conveyances became more complex, which produced an universal practice of reducing them into writing. But still lands might have been tranfferred by a verbal contract only, provided it was attended with a folemn and public delivery of the poffeffion, until the latter end of the reign of Cha. 2. § 23. Deeds are divided into two forts, deeds poll, Deed Poll. and deeds indented. A deed poll is not strictly speak ing an agreement between two perfons; but a decla- Lit. f. 370. ration of fome one particular person. Thus a feoffment from A. to B. by deed poll, is not an agreement between A. and B., but rather a declaration by A. addreffed to all mankind, informing them that he thereby enfeoffs B. of certain lands therein mentioned. It was formerly called charta de una parte, and usually begins thus-Sciant præfentes et futuri quod ego A. &c. &c.-Know all men by these presents that I. A. have granted and enfeoffed, &c. &c. § 24. An indenture is a mutual agreement between two or more perfons, whereof each party has a copy. Formerly, 1 Inft. 220 a Formerly, when deeds were more concife than they are at prefent, it was ufual to write both parts on the same skin of parchment, with fome words or letters of the alphabet written between them, through which the parchment was cut in acute angles, inftar dentium, from which they acquired the name of indentures or deeds indented, in fuch a manner as to leave half the word on one part, and half on the other. $ 25. In the case of an indenture there ought regularly to be as many copies of it, as there are parties, and when the feveral parts are interchangeably executed by the feveral parties, that part or copy which is executed by the grantor is ufually called the original, and the rest are counter-parts: though of late it is most frequent for all the parties to execute every part, which renders them all originals. But a Prec. in Cha. counter-part of a deed has been admitted to be fuffi cient evidence of fuch deed; and a conveyance decreed accordingly. Eyton v. Eyton. 116. Of an Article or Agre ment. § 26. It is a common practice for perfons to enter into an article or agreement preparatory to the execution of a formal deed, whereby it is ftipulated that one of the parties fhall convey to the other, certain lands or hereditaments, or release his right to them, or execute fome other deed respecting them. § 27. An article is therefore confidered as a memorandum or minute of an agreement to make fome future difpofition or modification of real property, WHEN into writing, the following circumstances were deemed neceffary to a deed. 1° Sufficient parties, and a proper fubject matter. 2° A good and fufficient confideration. 3° Writing on paper or parchment duly ftamped. 4° Words fufficient to specify the agreement, and bind the parties, legally and orderly fet forth. 5° Reading if defired. 6° Sealing and figning. 7° Delivery. 8° Atteftation by witnesses. Parties. § 2. The first requifite to a valid deed is, that Sufficient there be perfons able to contract, and be contracted with, for the purposes intended by the deed; and alfo alfo a thing or fubject matter to be contracted for. So that in every deed there must neceffarily be a grantor, a grantee, and a thing granted. § 3. All those who have any estate, right, title, or interest, either at law, or in equity, in that which is the subject matter of a deed, muft neceffarily be parties to it, otherwise their eftate or interest will remain in them; and all those who are intended to take an immediate eftate or intérest under a deed,. must also be parties to it: but a perfon may take 1 Inft. 231 a. an estate in remainder by a deed to which he is not a party. Who may convey by Deed. The King and Queen. Tit. 34. 1 Inft. 3 a. S 4. With refpect to the perfons who are capable of conveying, it may be laid down as a general rule that all those who have attained the age of twentyone years, and are of found mind and understanding, and not under the power of others, may be parties to and bind themselves by deed. § 5. The king had formerly a power of alienating the crown lands for ever. But this prerogative has been reftrained by feveral modern ftatutes of which an account will be given hereafter. $ 6. The queen confort is confidered by the common law as a feme fole, and may therefore be a party to any species of deed, without the king. Corporations. $7. Although a corporation aggregate is faid to be invisible, immortal, and to exift only in fuppofition of of law, yet fuch an artificial body is capable, by its creation, of being party to a deed, and in many cases of acquiring or conveying away real property by deed. A corporation fole, as a bishop or parfon, may also be a party to a deed. But a dean without his chapter, a mayor without his commonalty, or the mafter of a college without his fellows, cannot by executing a deed, bind the corporation. Infants. § 8. All contracts or agreements made by an infant, Of Deeds by from which no apparent benefit can arise to him, are abfolutely void. But as to thofe contracts from which the infant may derive fome benefit, and which are entered into with more folemnity, they are only voidable, that is, the law allows the infant when he comes of age, either to ratify and confirm, or else to void them. § 9. Whatever an infant is bound and compellable to do at law, the fame fhall bind him although he does it without a fuit. And therefore where an infant conveyed lands which had been mortgaged to his father (the mortgage money having been paid off) to a new mortgagee, it was held to be good. 3 Mod. 310. Parfons, 3 § 10. John Bicknell conveyed the lands in queftion Zonch v. to William Cooke and his heirs by way of mortgage. W. Cooke afterwards died leaving J. L. Cooke an infant, his heir and his widow joint executors. The mortgage money was paid off, and the infant and his mother conveyed the mortgaged premises to a new mortgagee. It was refolved that the infant was bound by |