5 24. A man and his wife being entitled to the reverfion of a houfe, in right of the wife, by deed, exe cated by the husband and wife, conveyed it to a perfon by way of mortgage. After the death of the husband, the wife, by three different papers under her hand, acknowledged the mortgage. It was held, that these papers were equivalent to a re-delivery of the deed. S 25. A wife may, without her husband, execute a naked authority, whether given before or after coverture, and though no special words are used to dispense with the disability of coverture. The rule is the fame, where both an intereft and an authority pafs to the wife, if the authority is collateral to, and doth not flow from the interest: because, then, the two are as unconnected, as if they were vested in different perfons. A married woman may alfo convey lands, in performance of a condition, where land is vested in her on condition to convey to others. A power to convey lands is now frequently given to married women, by means of a conveyance to ufes; of which, an account will be given in a fubfequent Chapter. § 26. If a husband abjures the realm, or is banished, he is thereby become civiliter mortuus, and his wife is confidered as a feme fole, and may act in all things as if her husband were naturally dead. Perfons at- Who may be 1 Inft. 2 ¿. I Ina. 3 4. I Inft. 3a. 2. I. 112 a. 1 Inst, 2 b. § 27. Perfons attainted of treason, felony, or pramunire, are incapable of conveying away their eftates, from the time when the offence was committed, provided an attainder follows. For any conveyances by them may tend to defeat the king of his forfeiture, and the lord of his efcheat. § 23. By the common law, all perfons whatever may be grantees in a deed, because it is fuppofed to be for their benefit. Thus, an infant may be a purchaser in a deed, and, at his full age, he may either agree, or difagree to it; and fo may his heirs, if he did not agree to it at his full age. § 29. An estate may also be conveyed to a married woman, without the consent of her husband; and the conveyance is good, unless the hufband avoids it. But, though he confents to it, yet the wife may, after his death, waive it. And if fhe dies before her huf band, or if she does not affent to it, during her wi dowhood, her heir may avoid it. $ 30. Although a wife cannot be the immediate grantee of her husband, yet she may take an eftate from him, through the medium of a trustee. § 31. An alien may be grantee in a deed, though he cannot hold it; for, upon office found, the king shall have it by his prerogative. to charitable $ 32. In confequence of the several statutes against Conveyances mortmain, ecclefiaftical corporations have, for a long time, been incapable of taking lands and tenements by deed: but, as thefe ftatutes did not extend to charitable ufes, lands might still be given for the maintenance of a school, an hofpital, or any other ufe of that nature. § 33. It was, however, appréhended, that persons, on their death-beds, might make large and improvident difpofitions, even for those good purposes, and defeat the political ends of the ftatutes of mortmain. It is therefore enacted by the statute 9 Geo. 2. c. 36.; that no lands or tenements, or money to be laid out thereon, fhall be given for, or charged with, any charitable use whatsoever, unless by deed indented, executed in the presence of two witneffes twelve months before the death of the donor, and inrolled in the court of chancery within fix months after its execution and unless fuch gift be made to take effect immediately, and be without power of revocation; and that all other gifts fhall be void. $ 34. The two univerfities, their colleges, and scholars upon the foundations of the colleges of Eton, Winchester, and Westminster, are excepted out of this act; with this provifo, that no college fhall be at liberty to purchase more advowsons than are equal in number to one moiety of the fellows and ftudents upon their respective foundations. Confidera tion. Plowd. 308. § 35. The fecond requifite to a deed is a good and fufficient confideration. By the common law, it is not abfolutely necessary that any confideration fhould be expreffed in a deed: for, although a verbal contract is not binding without 3 Burr. 1670. a confideration, because words often pafs from men lightly and inconfiderately, which may justify a suspi cion of imprudence, and even of fraud; yet, where an agreement is made by deed, which muft necef farily be attended with more thought and deliberation, all suspicion of surprise or deceit is excluded and, therefore, it will be valid without any confide, ration. $ 36. Soon after the chancellors had affumed a jurifdiction in cafes of uses, they adopted the maxim Tit. 11. c. 3. of the civil law, ex nudo pacto non oritur actio. And, in conformity to it, they determined not to lend their aid to carry any deed into execution, unless it was fupported by fome confideration, f. 24. Treat of § 37. There are two kinds of confiderations, civil Eq. B. 1. c.5. and moral. The firft, which is ufually called a valu, f. 1. able confideration, is money, or any other thing that bears a known value, Marriage, alfo, forms a valu able confideration, Idem. § 38. The fecond, which is called a good confidera tion, arifes from an implied obligation, fuch as that which fubfifts between a parent and child: for chil dren dren are confidered, in equity, as creditors claiming a debt, founded upon the moral obligation of the pa rent to provide for his child. The love and affection which a man is naturally fup posed to bear to his brothers and fifters, nephews, and nieces, and heirs at law, and the defire of preferring his name and family, are alfo held to be good confiderations, S 39. The payment of a man's debts is also deemed a good confideration; as every man is under a moral obligation of fatisfying his lawful creditors. S 40. By the ftatute 13 Eliz. c. 5. all deeds which are not founded on a valuable confideration, fhall be deemed fraudulent and void, as against creditors. And by the statute 27 Eliz. c. 4., all deeds which are not founded on a valuable confideration, fhall alfo be deemed fraudulent, as against fubfequent purchafers. The cafes which have arisen on thefe ftatutes, will be stated in a subsequent chapter, $ 41. The third requifite to a deed is, that it be written or printed, although it may be in any language or character whatever; but it muft be written on paper or parchment; for, if it be written on ftone, board, linen, leather, or the like, it is no deed. Wood and ftone may be more durable, and linen lefs liable to crazures; but writing on paper or parchment Writing on I Inft. 229 4. 2 Com. 297. |