GRANT - Steven J. Coker
Subject: GRANT
From: Steven J. Coker
Date: September 26, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier
  CHILDS & PETERSON, PHILADELPHIA

GRANT, conveyancing, concessio. Technically speaking, grants are applicable to
the conveyance of incorporeal rights, though in the largest sense, the term
comprehends everything that is granted or passed from one to another, and is
applied to every species of property. Grant is one of the usual words in a
feoffment, and differs but little except in the subject-matter; for the
operative words used in grants are dedi et concessi, "have given and granted." 
   Incorporeal rights are said to lie in grant and not in livery, for existing
only in idea, in contemplation of law, they cannot be transferred by livery of
possession; of course at common law, a conveyance in writing was necessary,
hence they are said to be in grant, and to pass by the delivery of the deed. 
   To render the grant effectual, the common law required the consent of the
tenant of the land out of which the rent, or other incorporeal interest
proceeded; and this was called attornment. (q. v.) It arose from the intimate
alliance between the lord and vassal existing under the feudal tenures., The
tenant could not alien the feud without the consent of the lord, nor the lord
part with his seigniory without the consent of the tenant. The necessity of
attornment has been abolished in the United States....
   By the word grant, in a treaty, is meant not only a formal grant, but any
concession, warrant, order, or permission to survey, possess or settle; whether
written or parol, express, or presumed from possession. Such a grant may be made
by law, as well as by a patent pursuant to a law....

GRANT, BARGAIN, AND SELL. By the laws of the states of Pennsylvania, Delaware,
Missouri, and Alabama, it is declared that the words grant, bargain, and sell)
shall amount to a covenant that the grantor was seised of an estate in fee,
freed from encumbrances done or suffered by him, and for quiet enjoyment as
against all his acts. These words do not amount to a general warranty, but
merely to a covenant that the grantor has not done any acts nor created any,
encumbrance, by which the estate may be defeated....

GRANTEE. He to whom a grant is made.

GRANTOR. He by whom a grant is made.

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