DEED, conveyancing, contracts. A writing or instrument, under seal, containing
some contract or agreement, and which has been delivered by the parties.... This
applies to all instruments in writing, under seal, whether they relate to the
conveyance of lands, or to any other matter; a bond, a single bill, an agreement
in writing, or any other contract whatever, when reduced to writing, which
writing is sealed and delivered, is as much a deed as any conveyance of land....
   Deed, in its more confined sense, signifies a writing, by which lands,
tenements, and hereditaments are conveyed, which writing is sealed and delivered
by the parties. 

   The formal parts of a deed for the conveyance of land are,

   1st. THE PREMISES, which contains all that precedes the habendum, namely, the
date, the names and descriptions of the parties, the recitals, the
consideration, the receipt of the same, the grant, the full description of the
thing granted, and the exceptions, if any. 

   2d. THE HABENDUM, which states that estate or interest is granted by the deed
this is sometimes, done in the premises. 

   3d. THE TENENDUM. This was formerly used to express the tenure by which the
estate granted was to be held; but now that all freehold tenures have been
converted into socage, the tenendum is of no use and it is therefore joined to
the habendum, under the formula to have and to hold. 

   4th. THE REDENDUM is that part of the deed by which the grantor reserves
something to himself, out of the thing granted, as a rent, under the following
formula, Yielding and paying. 

   5th. THE CONDITIONS upon which the grant is made....

   6th. THE WARRANTY, is that part by which the grantor warrants the title to
the grantee. This is general when the warrant is against all persons, or
special, when it is only against the grantor, his heirs, and those claiming
under him....

   7th. THE COVENANTS, if any; these are inserted to oblige the parties or one
of them, to do something beneficial to, or to abstain from something, which, if
done, might be prejudicial to the other. 

   8th. THE CONCLUSION, which mentions the execution and the date, either
expressly, or by reference to the beginning. 

   The circumstances necessarily attendant upon a valid deed, are the following: 

     1. It must be written or printed on parchment or paper....
     2. There must be sufficient parties. 
     3. A proper subject-matter which is the object of the grant. 
     4. A sufficient consideration. 
     5. An agreement properly set forth. 
     6. It must be read, if desired. 
     7. It must be signed and sealed. 
     8. It must be delivered. 
     9. And attested by witnesses. 
    10. It should be properly acknowledged before a competent officer. 

   It ought to be recorded. 

   A deed may be avoided, 

     1. By alterations made in it subsequent to its execution, when made by the
party himself, whether they be material or immaterial, and by any material
alteration, made even by a stranger....

     2. By the disagreement of those parties whose concurrence is necessary; for
instance, in the case of a married woman by the disagreement of her husband. 

     3. By the judgment of a competent tribunal. 

   According to Sir William Blackstone ... deeds may be considered as 

   (1). conveyances at common law, original and derivative. 

    1st. The original are, 
         1. Feoffment.         4. Lease. 
         2. Gift.              5. Exchange; and 
         3. Grant.             6. Partition. 

     2d. Derivative, which are 
         7. Release.          10. Assignment 
         8. Confirmation.     11. Defeasance. 
         9. Surrender. 

   (2). Conveyances which derive their force by virtue of the statute of uses;
namely, 

        12. Covenant to stand seised to uses. 
        13. Bargain and sale of lands. 
        14. Lease and release. 
        15. Deed to lead and declare uses. 
        16. Deed of revocation of uses. 

   The deed of, bargain and sale, is the most usual in the United States....
Chancellor Kent is of opinion that a deed would be perfectly competent in any
part of the United States, to convey the fee, if it was to the following effect:
"I, A, B, in consideration of one dollar to me paid, by C D, do bargain and
sell, (or in some of the states, grant) to C D, and his heirs, (in New York,
Virginia, and some other states, the words, and his heirs may be omitted,) the
lot of land, (describing it,) witness my hand and seal," &c....
   Title deeds are considered as part of the inheritance and pass to the heir as
real estate. A tenant in tail is, therefore, entitled to them; and chancery
will, enable him to get possession of them....
   The cancellation, surrender, or destruction of a deed of conveyance, will not
divest the estate which has passed by force of it....

DEED POLL, contracts. A deed made by one party only is not indented, but polled
or shaved quite even, and is, for this reason, called a deed poll, or single
deed....
   A deed poll is not, strictly speaking, an agreement between two persons; but
a declaration of some one particular person, respecting an agreement made by him
with some other person. For example, a feoffment from A to B by deed poll, is
not an agreement between A and B, but rather a declaration by A addressed to all
mankind, informing them that he thereby gives and enfeoffs B of certain land
therein described. 
   It was formerly called charta de una parte, and, usually began with these
words, Sciant praesentes et futuri quod ego A, &c.; and now begins, "Know all
men by these presents, that I, A B, have given, granted, and enfeoffed, and by
these presents do give, grant and enfeoff," &c....

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