BARGAIN AND SALE. A contract or bargain by the owner of land, in considera tion of money or its equivalent paid, to sell land to another person, called the bargainee, whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 Washburn, Real Prop. 128.
This is a very common form of conveyance in the United States. In consequence of the considera tion paid, and the bargain made by the vendor, of which the conveyance was evidence, a use ws•s raised it once in the bargainee. To this use the statute of uses transferred and annexed the seisin, whereby a oomplete estate became vested in the bargainee. 2 Washburn, Real Prop. 128 et +leg.
2. All things, for the most part, that may be granted by any deed may be granted by bargain and sale, and an estate may be created in fee, for life or for years. 2 Coke, 54 ; Dy. 309.
There must have been a valuable considera tion, 2 Washburn, Real Prop. 130; 5 Ired. No. C. 30 ; 7 Vt. 522 ; 13 B. Monr. Ky. 30; 9 Ala. 410 ; 1 Harr. & J. Md. 527; 1 Watts & S. Penn. 395 ; 16 Johns. N. Y. 515 ; 1 Cow. N. Y. 622 ; Croke, Car. 529 ; 1 Cruise, Dig. 107;
though it need not be expressed. 10 Johns. N. Y. 456. See 2 Washburn, Real Prop. 134; 1 Sandf. Oh. N. Y. 259 ; 4 Den. N. Y. 201; 19 Wend. N. Y. 339 ; 7 Vt. 522 ; 1 Penn. 486 ; 1 Mo. 553 ; 2 Ov. Tenn. 261.
The proper and technical words to denote a bargain and sale are bargain and sell; but any other words that are sufficient to raise a use upon a valuable consideration are suffi cient, 2 Wood, Cony: 15 ; as, for example, make over and grant, 3 Johns. N. Y. 484 ; release and assign. 8 Barb. N. Y. 463. See 2 Washburn, Real Prop. 620 ; Sheppard, Toucbst. 222.
3. As to whether an estate in futuro may be conveyed by deed of bargain and sale, see 18 Pick. Mass. 397 ; 22 id. 376 ; 32 Me. 329; 1 id. 271 ; 1 Conn. 354 ; 15 N. H. 381 ; 23 Vt. GOO ; 5 Ired. No. C. 31 ; 1 Johns. Cas. N. Y. 06 ; 9 Smith, Lead. Cas. 5th Hare & W. ed. 451 ; Gilbert, Uses, Sugd. ed. 163 ; 2 Wash burn, Real Prop. 123, 124.
Consult Gilbert on Uses, Sugden's edition; Washburn on Real Property ; Cruise, Digest, Greenleaf's ed.