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Deed

parties, indenture, indented, deeds and indenting

DEED, an instrument in writing or print, upon paper or parchment, compre hending the terms of an agreement be tween parties able to contract, duly sealed and delivered. The name for a deed in the Law French of Littleton and others isfait, that is, facials, a thing done ; of which deed is the translation. Deeds are of two kinds, indented and poll : a deed indented is called an indenture, and has a waving line cut teeth-fashion on one of the edges of the material upon which it is written, usually the top edge; and when the deed consists of more sheets than one, on the first sheet only. The term indenture implies that the deed is of two parts, that is, two parts or copies exactly alike, and that the two parts were divided by the line in order to afford ad ditional means of authentication ; but, ex cept in the cases of leases, marriage set tlements, partnership deeds, and some few others, there are seldom more parts than one. The expense of stamps on deeds is so heavy, that frequently, where two or more parties are equally interested in a deed, it is deposited with some person flue their joint use. Hence the term in denture, in common acceptation, now im plies little more than that the deed is made by and between two or more parties. Anciently some word, as for instance " chirographum" (whence " chirograph"), was written in capital letters upon the part where the parchment or paper was to be divided, and afterwards cut in an indented or, in some cases, a straight line.

A deed poll is cut even, or polled at the edges, and is usually of one part only, that is, the deed of one party, or of seve ral parties of the same part. The form

commences in the mode of a declaration, " Know all men by these presents, that," &c. : the form appropriated to an inden ture or a deed among several parties is " This indenture, made, &c. between, (here the parties to the deed are named), &c. Witnesseth," &c. A deed between se veral persons is not necessarily indented, except in those cases where an indenture is required by statute, and except in the working of what is called an estoppel. The indenting is not essential, even though the instrument should commence " This indenture," &c. It has been said that the indenting may be supplied after the deed is executed, and even in court ; but in all cases where the indenting is essential to the validity of the deed, it seems clear that this must be a mistake. Since the passing of the act 7 & 8 Viet c. 76, § 11, entitled An Act to simplify the Transfer of Property,' it is not necessary to indent a deed.

A deed, to be absolute and irrevocable, must be founded on a valuable or good consideration, untainted by anything im moral, illegal, or fraudulent, though a gift or voluntary conveyance will be effec tual as between the parties, and is only liable to be questioned in certain cases by 'reditors or subsequent purchasers ; and a 'voluntary deed may become irrevocable by a subsequent sale by the grantee of the subject-matter conveyed by it. [Cosa