STRUCTION.
The term grant was anciently and in atrietnesa of usage applied to denote the conveyance of incorporeal rights, though in the largest sense the term com prehends every thing 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 feoffmcnt ; and a grant differs but little from a feoff ment except in the subject-matter; for the opera tive words used in grants are dedi et coneessi, given and granted." Incorporeal rights are said to lie in grant, and not in livery ; for, existing only in idea, in contem plation of law, they cannot be transferred by livery of pots:Nisi:in. Of course, at common law, a con veyahce in writing was necessary : hence they are said to be in grant, and to pass by the delivery of the deed.
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, whe ther written or parol, express, or presumed from possession. Such a grant may bo made by law, as well as by a patent pursuant to a law. 12 Pet. 410. See 9 Ad. & E. 532; 5 Mass. 472; 9 Pick. Mass. 30.
Office grant applies to conveyances made by some officer of the law to effect certain purposes where the owner is either unwilling or unable to execute the requisite deeds to pass the title.
Private grant is a grant by the deed of a private person.
Public grant is the mode and act of cre ating a title in an individual to lands which had previously belonged to the government.
The public lands of the United States and of the various states have been to a great extent conveyed by deeds or patents issued in virtue of general laws; but many specific grants have also been made, and are the usual method of transfer during the colonial period. See 2 Washburn, Real Prop. 517– 536 ; 4 Kent, Comm. 450, 494; 8 Wheat. 543; 6 Pet. 548 ; 16 id. 367 ; Brightly, Dig. U. S. Laws, Lands, Patent.
Among the modes of conveyance included under office grant are levies and sales to sa tisfy execution creditors, sales by order or decree of a court of chancery, sales by order or license of court, sales for non-payment of taxes, and the like. See Blackwell, Tax, Title passim; 2 Washburn, Real Prop. With regard to private grants, see DEED.