A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs.
A writing- containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.
In its legal sense, a
More... A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs.
A writing- containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239.
In its legal sense, a "deed" is an instrument in writing, upon paper or parchment between parties able to contract, subscribed, sealed, and delivered. Insurance Co. v. Avery, 60 Ind. 572; 4 Kent, Comm. 452.
In a more restricted sense, a written agreement signed, sealed, and delivered, by which one person conveys land, tenements, or hereditaments to another. This Is its ordinary modern meaning. Sanders v. Riedinger, 30 App. Div. 277, 51 N. Y. Supp. 937; Reed v. Hazleton, 37 Kan. 321, 15 Pac. 177; Dudley v. Sumner, 5 Mass. 470; Fisher v. Pender, 52 N. C. 485.
The term is also used as sjTionymous with "fact," "actuality," or "act of parties." Thus a thing "In deed" is one that has been really or expressly done; as opposed to "in law," which means that it is merely implied or presumed to have been done.
-Deed In fee. A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Railway Co., 5 Wash. 699. 32 Pac. 751.-Deed indented, or indenture. In conveyancing. A deed executed or purporting to be executed in
para, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner. This was formerly done at the top or side, in a line resembling the teeth of a saw; a formality derived from the ancient practice of dividing chirographs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl. Comm. 295,296; Litt. ? 370; Smith, Cont. 12.-Deed of covenant. Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgagee, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case. -Deed of release. One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner. See Swain v. McMillan, 30 Mont 433, 76 Pac. 943.-Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whitney, 15 Misc. Rep. 72, 36 N. Y. Supp. 891.- Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Bank v. Pierce, 144 Cal. 434, 77 Pac. 1012. See TRUST DEED.-Deed poll In conveyancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U. S. 464, 7 Sup. Ct. 620, 30 L. Ed. 748.-Deed to declare uses. A deed made after a fine or common recovery, to show the object thereof.-Deed to lead uses. A deed made before a fine or common recovery, to show the object thereof.
As to "Quitclaim" deed, "Tax Deed," "Trust Deed," and "Warranty" deed, see those titles.
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