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no delivery. The deed of a corporation, to which their feal is affixed, need not, in general, be delivered.

Willis v.
Cro. Eliz.

Jermin,

167.

§ 60. The laft requifite to a deed, is the atteftation Atteftation. of it by witnesses, which is not a circumftance effential

to the deed itself, but only constitutes the evidence of

its authenticity.

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Inft. 6 a.

20. Recital.

22. Confideration.

24. Grant.

25. Defcription of Things granted.

TH

53. Reddendum.

54. Condition.

Section 1.

HE fubject matter of a deed must be legally and orderly fet forth, that is, there must be words fufficient to fpecify the terms and conditions of the agreement, and to bind the parties; which fufficiency must be left to the courts of law to determine.

§ 2. Antient deeds and charters were extremely fhort, and fuited to the fimplicity of the times: but, when deeds grew more complicated, it became custom ary to divide them into several formal parts. And although it is not abfolutely neceffary that a deed fhould be divided in this manner, provided there are fufficient words to fhew the meaning and intention of the parties yet, as these formal and orderly parts are calculated to convey that meaning, in the cleareft, most

diftin&t,

diftinct, and effectual manner, and have been well confidered and fettled by the wisdom of fucceffive ages, it is prudent not to depart from them, without good reafon or urgent neceffity.

S 3. Thefe formal and orderly parts are, ift, The Idem
Premises. 2d, The Habendum. 3d, The Tenendum.
4th, The Reddendum. 5th, The Condition. 6th, The
Warranty. 7th, The Covenants: and, 8th, The
Conclufion.

fes.

§ 4. The premises of a deed contain all that part The Premiwhich precedes the habendum, that is, the date, the parties names and defcriptions, the recital, the confideration and receipt thereof, the grant, the description of the things granted, and the exception, if any.

§ 5. The date of a deed is the defcription of the The Date. time when it was made, by inferting the day of the month, the year of the king's reign, and the year of our Lord; it may be placed at the beginning or at the end of a deed. It is now ufually placed at the beginning of deeds indented, and at the end of deeds poll.

§ 6. In former times, deeds were not dated, be- 1 Inft. 6 a cause the limitation of prescription or time of memory often changed; and then it was held for law, that a deed bearing date before the limited time of prefcription was not pleadable. But it became customary about the time of Edw. 2. and 3., to infert the date in all deeds, which has been practifed ever fince.

VOL. IV.

D

$ 7. It

Ch. 2. f..

§ 7. It is not, however, abfolutely neceffary, that a deed fhould be dated; for, as has been already observed, if a deed has no date, or bears an impoffible 2 Salk. 462. date, it will take effect from the time of its delivery.

Cromwell v.
Grunfden,

Taylor v.
Horde,

1 Burr. 106.

Parties
Names, &c.

I loft. 3 a.

§ 8. If two deeds bear the fame date, and manifeftly contain but one agreement, that deed fhall be prefumed to have been firft executed, which will best sup port the clear intention of the parties.

§ 9. With respect to the parties to a deed, they either active or paffive. Those who grant, enfeoff, or demife, are the active parties, and are called the grantors, feoffors, or leffors; and thofe to whom lands are granted, enfeoffed, or demised, are the paffive parties, and are called the grantees, feoffees, or leffees.

§ 10. The parties to a deed ought to be defcribed by their proper christian and firnames, their rank or degree, profeffion, and place of refidence. But miftakes in the description of the parties will not, unless very grofs, make a deed void: for if the description, however imperfect, is fufficient to diftinguish the perfon defcribed from all others, it will be good; nihil facit error nominis cum de corpore conftat.

§ 11. If, therefore, lands be granted to Robert Earl of Pembroke, when his name is Henry, or to George Bishop of Norwich, when his name is John, it will be good for in these, and the like cafes, no doubt or uncertainty can arife, as there can be but one perfon having thofe dignities.

§ 12. A wife

$ 12. A wife is also a good name of purchase, with- Idem. but a christian name: and so it is, if a christian name

be added, and mistaken; for utile per inutile non vitiatur.

S 13. But if an ordinary perfon grants by his fir- Idem. name only, without any name of baptism, or by his name of baptism without any firname at all, in these, and such like cafes, the deed will be void for uncertainty; unless there be fome other matter in the deed to help it, or something done afterwards to supply this defect.

§ 14. A name, acquired by reputation only, will be Idem. confidered as a fufficient description of a perfon: for all firnames were originally acquired by reputation. Hence it has been often held, that a bastard is fuffi ciently defcribed by the name by which he has been usually known.

S 15. A perfon may be described in a deed without Idem. mentioning either his christian or firname: as, if a grant be made primogenito filio, or feniori puero of J. S., it will be good. And in the ufual limitation of remainders to perfons unborn, they are neceffarily defcribed in this

manner.

S 16. The word iffue is a good description in a deed, 1 Inft. 28 a. and is equivalent in its import to the words child, or

children; and, therefore, a grant to the iffue, or iffue of the body of A., is good.

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