Absolute bills of sale must be duly attested by a solicitor, and the attestation must state that before execution the effect of it was explained to the grantor by the attesting solicitor.
The grantor must be the true owner of the goods described in the schedule; as to any personal chattels of which he is not the true owner, the bill is void, except as against the grantor.
In such a deed the grantor or seller agrees or covenants to do usually four or more specific things: first, he asserts that he has a right to convey the land at the time of the sale.
By this the grantor or party giving it conveys whatever interest he may have in the land.
He cannot sue his grantor or seller to recover the expense of the suit, for the latter would reply, "You have won your case which is proof that the title is good as warranted, and therefore you have no claim against me.
Suppose the grantor has declared in his deed that the land contains a hundred acres and a survey finds only fifty.
If therefore a deed were lying on a table and the grantor should say to the grantee, take it, and he did so, the delivery would be complete; but if he should get it in a surreptitious way there would be no legal delivery.
Suppose that some creditor of the grantor, not knowing of the sale, should attach the land as the property of the grantorto secure a debt due to him, could he hold it as against the purchaser?
The grantor must give up the deed and the grantee must actually accept it, consequently the delivery of a deed after the grantor's death would not be valid.
This consists on the part of the grantor going before a proper officer, often a notary public, justice of the peace, clerk of a court of record, commissioner of deeds, and making oath that he has duly executed the above deed.
Ordinarily the purchaser could still retain the land, and the same rule would apply between him and a second purchaser, though buying in good faith supposing the grantor was the real owner.
Doubtless it would hold that the grantor tried to deceive the other party and would grant relief.
If the grantor is unwilling to do right, the purchaser can by a proper application to a court, or court of equity, ask for the correction of the deed or such other relief as justice requires.
This presumption is further strengthened by proof of the enfeebled condition of the grantor by age and illness and his susceptibleness to influence.
And a grant made upon condition that a church be erected thereon, prevents the grantee from conveying it for other purposes without the consent of the grantoror his heirs.
When a condition is put in a deed that it shall be forever used as a burial ground for the interment of bodies, it is doubtful whether the grantor and grantee together may change the uses of the property.
After conveying land upon a specified condition, the grantor then gave a quit-claim deed, and the court held that that relieved the grant from the condition.
This was done by providing that whenever in the future any landholder should dispose of a piece of land it should be held from the same lord the grantor had held it from, not from the grantor himself.
More often, the grantor himself begins to lose power and so comes into conflict with the grantee, and not infrequently they exchange places.
In the first place, the grantor may fear the risks of a combat with the grantee, and so give him what he wants without a struggle.
When the power of the grantee, through his inefficiency, decreases, the grantoreither restores it to him or takes it away from him altogether.
A feoffment of land made on the basis of free tenure proceeds from the grantor in the same way as a grant on the conditions of base tenure; freehold comes from the lord, as well as copyhold.
I place myself in the hands of that divine Lord, that grantor of protection, that God attired in deer-skins.
The grantor also covenants that the grantee shall have quiet enjoyment of the estate, that the estate is free from incumbrance, and that the grantor and his heirs warrant the title to the estate.
After an express trust is completed, it cannot be revoked by mutual agreement between the grantor and trustee without the consent of the cestui que trust.
This means that the grantorhas the legal title and right to possession, which right he conveys to the grantee.
If the grantor reserves to himself the right to use a certain driveway, he places this reservation in the redendum clause.
The mere statement that the grantorsigns and seals the deed makes it a sealed instrument.
Deeds-poll were mere written obligations of the grantor delivered to the grantee, the grantee making no covenants.
By making a sale of real property, the grantor transfers his entire interest.
A mortgage should contain the names of the grantor and the grantee.
The grantor covenants that he is lawfully seized of the estate.
The conclusion of a deed contains the signature of the grantor and the statement that he has signed and sealed the deed.
If the grantor receives something of value, as money or an article of value, the consideration is said to be valuable.
For example, if the deed is absolute in form, but contains a condition that the transfer is to be of no effect if the grantor pays the grantee a certain sum of money by a certain time, the deed is a conditional one.
An indenture, on the other hand, consists of mutual obligation on the part of grantor and grantee.
This difficulty he meets by asserting that every grant is attended by an implied contract on the part of the grantor not to reassert his right to the thing granted.
The grant does not convey power which might be beneficial to thegrantor if retained by himself.
It is submitted that a licence proper is always "merely personal" and that the grantor may sue without consent of his licensee.
Where a licence has been granted or when there is doubt as to whether a particular grant is an assignment or a licence, it will always be safer to join both grantor and grantee as co-plaintiffs.
The principal test in such cases is to examine the contract and the circumstances under which it was made, and see whether or not it bears the impress of a reliance by the grantor on the personal skill or reputation of the grantee.
Such permission shall only be granted by reference to a grading plan prepared by or at the direction of the grantor or his successor in interest.
Such permission shall only be granted in accordance with a grading plan prepared by or at the direction of the grantor or his successor in interest and approved by Fairfax County.
By deed of release and vacation of this easement executed by the County, accepted by grantor or his successor in interest, and recorded as provided by law.
Thou art the grantor of bodies or physical forms unto those that constantly revolve in the universe of birth and death.
Thou art the grantorof boons unto the deities and Asuras (in the form of Brahman and Rudra).
This statute of mortmain was neutralized by collusive lawsuits in which the intended grantor would sue the intended grantee claiming superior title and then would default, surrendering the land to the intended grantee by court judgment.
All deeds of gift of goods and chattels made of trust, to the use of the giver [grantor and beneficiary of trust], to defraud creditors are void.
What does the grantor in a warranty deed bind himself to do?
Prominent among the characteristics of feudalism was the existence of a close personal bond between the grantor and the receiver of an estate.
The receiver did homage to the grantor in the form of oath, and also took the oath of fealty.
But not so, where all possibility of WILL in the grantor has ceased, which happens by his death.
But there seems most reason and truth in the opinion of those, who maintain that the privilege shall continue, till the grantor make some new declaration of his will to the contrary.
Deed will not be avoided by death of grantor within twelve months after execution of it.
Will be avoided (unless made for valuable consideration) if grantor dies within three months.
The Roman Mancipation required the presence first of all of the parties, the vendor and vendee, or we should perhaps rather say, if we are to use modern legal language, the grantor and grantee.
The rules of succession which they followed were entirely determined by the terms agreed upon between the grantor and the beneficiary, or imposed by one of them on the weakness of the other.
