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assignment, transfer, deed, mass, writing, smith and co

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PREFERENCES.

How made. It used to be held that the instrument of assignment must be of as high a character and nature as the instrument transferred; but now a parol (usually writ ten) assignment may transfer a deed, if the deed be at the same time delivered; Canna day v. Shepard, 55 N. C. 224; Jones v. Wit ter, 13 Mass. 304 ; Porter v. Bullard, 26 Me. 448; Jackson v. Housel, 17 Johns. (N. Y.) 284; Prescott v. Hull, id. 292; Morange v. Edwards, I E. D. Smith (N. Y.) 414; Onion v. Paul, 1 Harr. & J. (Md.) 114; Lessee of Bentley's Heirs v. Deforest, 2 Ohio 221; Ddrst v. Swift, II Tex. 273 ; 5 Ad. & E. 107; I Madd. Ch. 53. When the transfer of per sonal chattels is made by an instrument as formal as that required in the assignment of an interest in lands, it is commonly called a bill of sale (which see). See as to the dis tinction, Blank v. German, 5 W. & S. (Pa.) 36. In most cases, however, personal chattels are transferred by mere note or memoran dum, or, as in the case of negotiable paper, by mere endorsement ; Ball v. Larkin, 3 E. D. Smith (N. Y.) 555; Ryan v. Maddux, 6 Cal. 247; Fiel4 v. Weir, 28 Miss. 56; Worth ington v. Curd, 15 Ark. 491. "To constitute an assignment of a chose in action, in equity, no particular form is necessary;" Spain v. Hamilton's Adm'r, I Wall. (U. S.) 604, 624, 17 L. Ed. 619. Any binding appropriation of money or property to a particular use is a transfer of ownership ; Watson v. Bagaley, 12 Pa. 167, 51 Am. Dec. 595; Fourth Street Nat. Bank v. Yardley, 165 U. S. 634, 17 Sup. Ct. 439, 41 L. Ed. 855 ; Clark v. Iron Co., 81 Fed. 310, 26 C. C. A. 423. An assignment of a chose in action by parol as security is valid; Union Trust Co. v. Bulkeley, 150 Fed. 510, 80 C. C. A. 328, and so of book accounts to be thereafter earned by the assignor; L. R. 13 App. Cas. 523.

In France an assignment of a debt must be in writing; the registration duty must be paid thereon and formal notice in writing must be served after registration by an offi cer of the court, called a "huissier." Notice can be replaced by the debtor's formal ac knowledgment in a notarial French deed.

This passes a legal title to the debt; [19001 1 Ch. 602.

The proper technical and operative words in assignment are "assign, transfer, and set over ;" but "give, grant, bargain, and sell," or any other words which show the intent of the parties to make a complete transfer, will work an assignment ; 13 Sim. 469; 31 Beay. 351; Kimball v. Donald, 20 Mo. 577, 64 Am. Dec. 209.

No consideration is necessary to support the assignment of a term ; 1 Mod. 263; Mc Clenahan v. Gwynn, 3 Muni. (Va.) 556. Now, by the statute of frauds, all assign ments of chattels real must be made by deed or note in writing, signed by the assigning party or his agent thereunto lawfully au thorized by writing; 1 B. & P. 270. if a tenant assigns the whole or a part of an es tate for a part of the term, it is a sub-lease, and not an assignment ; Patten v. Desbon, 1 Gray (Mass.) 325; Astor v. Miller, 2 Paige, Ch. (N. Y.) 68 ; Buckingham v. Granville Alexandria Soc., 2 Ohio 369; 1 Washb. R. P. *327.

Effect of. During the continuance of the assignment, the assignee is liable on all cov enants running with the land, but may rid himself of such continuing liability by trans fer to a mere beggar ; 5 Coke 16; Ans. Contr. 232 ; 1 B. & P. 21; 1 Sch. & L. 310; 1 Ball & B. 238 ; Dougl. 56, 183 ; (but a con veyance to an irresponsible person to avoid paying a ground-rent accruing on the land conveyed was held not to release the original covenantor; American Academy of Music v. Smith, 54 Pa. 130). By the assignment of a right, all itlpressories pass with it: for example, the lateral security, or a lien on property, which the assignor of a bond had, will pass with it when assigned; Potts v. Water Power Co., 9 N. J. Eq. 592; Wailer v. Tate, 4 B. Mnnr. (Ky.) 529 ; Pattison v. Hull, 9 Cow. (N. Y.) 747; Eskridge v. Mc Clure, 2 Yerg. (Tenn.) 84; Boardman v. Hayne, 29 Ia. 339; Willis v. Twambly, 13 Mass. 204; Craig v. Parkis, 40 N. Y. 181, 100 Am. Dec. 469 ; Coffing v. Taylor, 16 Ill. 457. So, also, what belongs to the thing by the right of accession is assigned with it; Hodg es v. Harris, 6 Pick. (Mass.) 360; Horn v. Thompson, 31 N. H. 562.

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