BARGAIN AND SALE, in common law, a contract whereby property, real or personal, is transferred from one person—called the bargainor—to another—called the bargainee—for a valuable consideration ; but the term is particularly used to describe a mode of conveyance of lands. The disabilities under which a feudal owner very frequently lay gave rise to the practice of conveying land by other methods than that of feoffment with livery of seisin, that is, a handing over of the feudal possession. That of "bargain and sale" was one. Where a man bargained and sold his land to another for pecuniary consideration, which might be merely nom inal, and need not necessarily be actually paid, equity held the bargainor to be seised of the land to the use of the bargainee. The Statute of Uses (1535), by converting the bargainee's inter est into a legal estate, had an ef fect contrary to the intention of its framers. For subsequent his tory and as to lease and release see CONVEYANCING.