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deed, n. 1. Something that is done or carried
out; an act or action. 2. A written instrument
by which land is conveyed. 3. At common law,
any written instrument that is signed, sealed,
and delivered and that conveys some interest
in property. -- Also termed (in senses 2 &
3) evidence of title.
"A deed is a writing sealed and delivered.
For if either a parchment without writing be
delivered as one's deed, yet it is not his deed,
though an obligation be afterwards written in
it: or if it be a writing but not sealed at
the time of the delivery of it as his deed,
it is a scrole and not his deed. Or if I make
and seal a deed, and the party take it without
my delivery, I may plead it is not my deed."
Sir Henry Finch, Law, or a Discourse Thereof
108 (1759). "What then is a deed? Unfortunately
the word is not free from ambiguity. In the
original and technical sense a deed is a written
instrument under the seal of the party executing
it. Because, however, of the wide use of such
instruments in the conveyance of real estate,
it has come to mean in popular acceptance any
formal conveyance for the transfer of land or
of an interest therein. The dual use of the
term has crept into the language of courts and
law writers, so that in the reading of cases
it is difficult to determine whether the word
is used in the first and original sense, or
whether it connotes a formal instrument of the
type ordinarily employed for the conveyance
of land." Ray Andrews Brown, The Law of
Personal Property § 46, at 118-19 (2d ed.
1955). "All deeds are documents, but not
all documents are deeds. For instance, a legend
chalked on a brick wall, or a writing tattooed
on a sailor's back may be documents but they
are not deeds. A deed is, therefore, a particular
kind of document. It must be a writing and a
writing on paper or its like, e.g., vellum or
parchment. Any instrument under seal is a deed
if made between private persons. It must be
signed, sealed, and delivered. A deed must either
(a) effect the transference of an interest,
right or property, or (b) create an obligation
binding on some person or persons, or (c) confirm
some act whereby an interest, right, or property
has already passed." Gerald Dworkin, Odgers'
Construction of Deeds and Statutes 1 (5th ed.
1967).
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