A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapers on Tax Deeds and Sheriff's Deeds

Robert Thomas Devlin

Bancroft-Whitney Company, 1887 - Deeds

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Title Page

Table of Contents

INTRODUCTORY CHAPTER 1 Introductory	1

Historical view	2

Statute of quia emptores	3

Statute of frauds	4

CHAPTER II	6

Feoffment ? 11 Gift	11

Grant	14

Lease	15

Inference of delivery of deed from execution in presence of wit nesses	296

Inference of acceptance from relationship between person receiv ing deed and grantee	297

Delivery to several grantees	298

Comments	299

Deed once executed and delivered cannot be revoked	300

Illustrations of foregoing rule	301

A different doctrine prevails in some of the States	302

Ground upon which these decisions are based	303

Exchange 15 Partition	16

Release	17

Confirmation 18 Void deeds	18

Surrender	19

Assignment 21 Defeasance ? 22 Deeds under the statute of uses 23 Bargain and sale deeds	20

Tennessee	22

Covenant to stand seized to uses	24

Lease and release	25

Fine and recovery 27 Quitclaim deeds	26

WHAT MUST PASS BY DEED OR BY WRITING	28

Stock in corporations	36

Revival of void contract	44

Agreements to establish title to land	52

This distinction in New York	58

CHAPTER IV	64

PART II	65

Assignment for benefit of creditors	66

Disability of insanity	69

Weakness of mind	70

Evidence on issue of mental unsoundness	71

Deed of person deaf and dumb 72 Insane husband joining in wifes deed 73 Deed when voidable	73

Deed when void 75 Deed by whom may be avoided	74

Restoration of consideration	75

Ratification of deed	76

Disability from intoxication 280 Degree of intoxication	77

Deeds made under duress	78

Threat of legal proceedings	79

Grantors willpower 84 Deeds made under undue influence	80

Disability of infancy	81

Deed of minor voidable only	82

Right of disaffirmance 88 Whether affirmance of infants deed may be presumed from acquiescence 89 Same subject 90 Opposite view that acquiesce...	86

By what means the deed of an infant may be avoided	87

Subsequent deed must be inconsistent with prior	88

Restoring the consideration General rule 95 Exception in Indiana	89

Where minor has not retained consideration ? 97 What is a sufficient ratification of an infants deed	90

Delivery of deed after majority	91

Deeds of married women	92

Joint deed of husband and wife 102 Rule in New York	93

In Massachusetts 104 In New Jersey	94

In Ohio 106 In Pennsylvania 107 In other States	95

Deed from husband to wife	98

Joint tenants and tenants in common	99

Deeds by partners	100

Subsequent ratification	101

Deed by a disseisee	102

Right of seisin	103

Power of corporations to convey	105

Restriction from nature of corporations	105

CHAPTER V	116

Deed of alien before office found 132 Naturalization	122

CHAPTER VI	124

Acts must be done in pursuance of the agreement	141

Convincing proof required	142

Letter as memorandum of contract	143

Part performance of an agreement for several acts	144

Rule with reference to the taking of possession	145

Possession must be in pursuance of agreement	146

Relief when possession taken based upon equitable considerations	147

Parol gift of land	148

Compensation at law the test	149

CHAPTER VII	154

In Mississippi 203 In California 204 Comments 2205 Christian name 206 Mistake in Christian name 207 Designation junior 208 Deeds to partners ? ...	155

Form of the deed generally	174

Statutory forms	175

Enumeration of the formal parts PART II	176

Date not necessary to the validity of a deed	177

Presumption of delivery at date	178

Different viewPresumption of delivery from acknowledgment	179

Comments	180

Language of the courts	181

Presumption not conclusive	182

CHAPTER VIII	193

CHAPTER IX	197

In equity 247 Seal required unless dispensed with by statute 248 Abolition of distinction between sealed and unsealed instruments 249 Effect of these...	204

Repugnance between granting words and habendum	214

Qualification of previous grant	215

Not the province of habendum to introduce new subjectmatter	216

CHAPTER XI	217

into the grant Reference to habendum 218 Explanatory clause	218

Party not named as grantee taking under habendum	219

Effect of the habendum to limit the estate	220

CHAPTER XII	221

Evidence of intention	227

When deed takes effect 2265 Presumption as to time of delivery	228

Signing unnecessary at common	231

Signing in grantors presence	232

Reason for this rule	233

Opposition to this rule	234

Absence of grantor	235

Holding top of	236

Signature by mark	237

Attestation by witness	238

Comments	239

Variance in name	240

Deed inter partes	241

History of the use of seals	242

Definition 244 Seal stamped upon paper	244

Seal essential at common	245

Acceptance by the grantee	258

Presumption of acceptance in favor of infants 287 Presumption of acceptance by adults	260

Contrary views	262

Verbal admissions	266

Possession of deed surreptitiously obtained ? 268 Ratification of deed so obtained	268

Manual delivery not requisite	269

Delivery of commissioners deed	270

Delivery for inspection	271

Delivery to director of corporation	272

Deed delivered for examination whether a contract of purchase	273

Delivery to officer taking acknowledgment 275 Delivery to another for the grantees	275

Assent of grantee subsequent to delivery	276

Where there are several grantors	277

Constructive delivery	278

Delivery after death of grantor	279

Absolute delivery to a third person to hold until grantors death	280

Instances	281

Delivery with a right to recall the deed	282

This rule not universally adopted	283

What is the proper ruleComments	289

Registration not of itself delivery	290

Delivery to recording officer for use of grantee	291

Registration prima facie evidence of delivery	292

Where acceptance of deed depends upon conditions registration is not prima facie evidence of delivery	293

Possession of deed by grantee presumption of delivery	294

Parol evidence admissible to rebut presumption arising from possession of deed	295

Redelivery without intention to revest title	304

Comments on these decisions	305

Redelivery to the grantor for correction acknowledgment	306

Delivery to a married woman	307

Whether delivery is a question of law or fact	308

Deed taking effect as a will	309

Complete execution before delivery essential	310

Right to rents CHAPTER XIII	311

Definition of an escrow	312

Deed must be executedDelivery the only difference between deed and escrow	313

Delivery to the grantee cannot operate as an escrow	314

Conditional deed	315

Delivery to grantees agent	316

Deed placed in grantees hand for transmission to another	317

Some condition to be performed before delivery	318

Whether an escrow or a present deed	319

Materiality of distinction	320

Grantee must perform condition before entitled to delivery	321

Escrow delivered without authority or obtained fraudulently passes no title	322

Legal title until performance of condition is in grantor	323

Not an escrow if grantor retains the right of control	324

CHAPTER XV	334

Capacity to appoint an attorney	352

Revocation	361

Effect of sale by principal upon attorneys commissions	362

Execution of deeds by attorneys in fact 378 Relaxation of this strictness	363

Proper mode of signature	365

Comments	367

Some illustrations	368

CHAPTER XVI	370

? 426	404

Setting aside sale	413

CHAPTER XVII	419

Notice from recital of consideration 446 Construction of powers of sale	428

Construction against trustee 448 Sale within specified time	430

Provision in deed requiring consent 450 Deed with assent of cestui que trust	432

Declaration of trust 452 Power to sell upon a contingency	433

Trust deed becoming void on happening of contingency	434

Conduct of the sale	435

Who should execute the deed	436

CHAPTER XVIII	439

Filling up blanks	440

Parol authority to insert name	442

Omission of date does not invalidate acknowledgment	450

Officer cannot impeach his own certificate 529 Between the parties the acknowledgment may be impeached for fraud ? 530 Grantee must have know...	451

Grantor may be estopped	458

Party executing deed bound	459

Alteration of deeds	460

Alteration by a stranger	461

Material alteration	462

Burden of proof CHAPTER XIX	463

Acknowledgment of deeds	464

Acknowledgment not necessary between the parties	465

Statutory provisions	466

Admissibility of acknowledged deed in evidence	467

By whom the acknowledgment should be made	468

Time within which deed may be acknowledged	469

Qualification of officers	470

Acknowledgment before an officer de facto	471

Continued 473 Acknowledgment before deputy	473

Deputy taking acknowledgment in his own name	474

Presumption as to appointment of deputy	475

Officer cannot take acknowledgment of deed in which he is interested	476

Where the officer taking the acknowledgment is a trustee	477

Effect of taking acknowledgment by party	478

Length of acquaintance with person making acknowledgment	479

established	518

Omission of certain words under particular statutes	525

Evidence	532

Illustrations	533

Comments	534

Innocent grantee protected	535

Omission of essential word not cured by insertion in record 537 Acknowledgment through interpreter	537

Comments	538

Amendment of certificateDecisions that such power exists	539

In Mississippi	540

In Missouri	541

Decisions that such power does not exist	542

In Illinois	543

In Virginia	544

In the Supreme Court of the United States	545

Comments	546

Proof by subscribing witness	547

CHAPTER XX	559

Explanation in presence of husband	561

Where officer himself not required to explain	562

Omission of explanation	563

Acknowledgment by deaf mutes	564

Execution voluntary	565

Equivalent words for voluntary actComments	566

Instances	587

Omission of the word fearConflicting decisions	590

Comments	594

CHAPTER XXI	603

Utah Territory 618 Vermont 619 Virginia 620 Washington Territory 621 West Virginia 622 Wisconsin 623 Wyoming Territory 624 Effect of statut...	604

Nevada	619

Protection of grantee	625

CHAPTER XXII	632

Comments	655

Instruments not entitled to registration	656

Illustrations	677

Oregon	681

Proof of time at which deed is recorded	705

Withdrawing deed filed for record	706

Reasonable precaution	707

Deposit subject to further order	708

Priority between deeds recorded on same	709

Facts of which the record gives notice	710

Notice of unrecorded deed from notice of power of sale	711

Record is not notice to prior parties	712

Record is notice only to purchasers under the same grantor	713

Illustrations	714

Record of deed subsequent to mortgage not notice to mortgagee	715

688	716

Actual notice	717

Notice of unrecorded deed	718

Unrecorded deed and recorded purchase money mortgage	719

Comments	720

Liability of recording officer for error	727

Subsequently acquired title inuring to benefit of grantee	748

Comments	751

How far back purchaser must search	752

Correct rule	754

Other editions - View all

A Treatise on the Law of Deeds: Their Form, Requisites, Execution ..., Volume 1
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A Treatise on the Law of Deeds: Their Form, Requisites, Execution ...
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Common terms and phrases

acknowl acknowledgment agent agreement alien Allen assent attestation authority Bank Barb Blackf Blackst Brown certificate claim common law condition Conn consideration considered contract convey conveyance corporation court held court of equity covenants creditors declared delivering the opinion delivery disaffirm dower enforced escrow evidence executed a deed fact feoffment grantee grantor habendum heirs infant instrument intention interest in land Iowa Jackson Johns Jones Justice lease Mass ment mortgage mortgagor N. J. Eq necessary officer Ohio operate parol party pass payment Pick plaintiff possession power of attorney power of sale presumption principal proof question real estate Real Prop real property recorded rule seisin sell signature Smedes Smith specific performance statute of frauds subsequent sufficient take effect tenant third person tion transfer trustee valid vendee void voidable Watts Wend witness words writing

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Bibliographic information

Title	A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapers on Tax Deeds and Sheriff's Deeds Volume 1 of A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapters on Tax Deeds and Sheriff's Deeds, Robert Thomas Devlin
Author	Robert Thomas Devlin
Edition	2
Publisher	Bancroft-Whitney Company, 1887

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