DEED, is a written contract, sealed and delivered. It must be written before the sealing and delivery, otherwise it is no deed ; and after it is once formally exe cluted by the parties, nothing can be add ed or interlined ; and therefore, if a. deed be sealed and delivered, with a blank left for the sum, which the obligee ' fills up after sealing and delivery, this will make the deed void. A deed must be made by parties capable of contract ing, and upon a good consideration ; and the subject matter must be legally and formally set out. The formal parts of a deed are, the premises, containing the number, names, additions, and titles of the parties. The covenants, which are clauses of agreement contained in the deed, whereby the contracting parties stipulate for the truth of certain facts, or bind themselves to the performance of some specific acts. The conclusion, which mentions the execution and date of the deed, or the time of its being given. or executed, either expressly, or with reference to some day and year be fore mentioned.
A deed is the most solemn act of law 'which a man can:perform with respect to the disposition of his property, and therefore no person shall be permitted to aver or prove any thing against his own deed. All the parts of a deed in dented constitute in law but one entire deed ; but every part has the same ope rative force as all the parts taken to. gether, and they are deemed the mutual or reciprocal acts of either of the parties, who may be bound by either part of the same, and the words of the indenture may be considered as the words of either party. If the name of baptism or sur name of a party to a deed be mistaken, as John for Thomas, &c. this has been held to be dangerous. But any mistake, as spelling, &c. not deviating from the substance of the deed, will not render it void. Ha man get another name in com mon esteem than his right name, any deed made to him under such name will be valid. Every deed must be founded upon good and sufficient consideration ; not upoh an usurious contract, nor upon fraud or collusion, either to deceive bona fide purchasers, or just and lawful creditors ; any of which considerations will vacate the deed, and subject the parties to forfeiture, and in some cases to imprisonment. A deed also without any consideration is void. A deed must be written upon the proper stamps prescrib ed by the legislature, otherwise it cannot be given in evidence.
The force and effect which the law of England gives to a deed under seal can not exist, unless such deed be executed by the party himself, or by another fol him, in his presence, or with his direc tion ; or, in his absence, by an agent au thorized so to do by another deed, also under seal ; and in every such case the deed must be made and executed in the name of the principal.
A deed takes effect only from the day of delivery, and therefore, if it have no date, or a date impossible, the delivery will in all cases ascertain the date of it ; and if another party seal the deed, yet, if the party deliver it himself, he thereby adopts the sealing and signing, and by such delivery makes them both his own. The delivery of a deed may be alleged at any time after the date, but, unless it be sealed, and regularly delivered, it is no deed. Another requisite of a deed is, that it be properly witnessed or attested : the attestation is, however, necessary, rather for preserving the evidence, than as intrinsically essential to the validity of the instrument.
There are four principles adopted by the courts of law for the exposition of deeds ; viz. 1. That they be beneficial to the grantee or person in whose favour they are intended to operate. 2. That where the words may be employed to some interest, they shall not be void. 3. That the words be construed according to the meaning of the parties, and not otherwise ; and the intent of the parties shall be carried into effect, provided such intent can possibly stand at law. 4. That they are to be consonant to the rules of law, and deeds shall be expounded rea sonady, without injury to the grantor, and to the greatest advantage of the grantee. Deeds are further expounded upon the whole ; and if the second part contradict the first, such second part shall be void ; but if the latter expound or ex plain the former, which it may, both parts may stand.
In construction of law, the first deed and the last will stand in force ; and where a deed is by indenture between parties, none can have an action upon such deed, but the person who is a party to it. In a deed-poll, however, one per son may covenant with another, who is not a party, to do certain acts ; for the non-performance of which he may bring his action.
Where a man justifies title under any deed, he ought to produce that deed ; if it be alleged in pleading, it must be pro duced to the court, that it may determine whether the deed contain sufficient words to make a valid contract.