Page:Black's Law Dictionary (Second Edition).djvu/555

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

GRANT. A generic term applicable to all transfers of real property. 3 Washb. Real Prop. 181, 353.

A transfer by deed of that which cannot be passed by livery. Williams, Real Prop. 147, 149; Jordan v. Indianapolis Water Co., 159 Ind. 337, (34 N. E. 680.

An act evidenced by letters patent under the great seal. granting something from the king to a subject. Cruise, Dig. tit. 33, 34; Downs v. United States, 113 Fed. 147, 51 C. C. A. 100.

A technical term made use of in deeds of conveyance of lands to import a transfer. 3 Washb. Real Prop. 378-380.

Though the word "grant" was originally made use of, in treating of conveyances of interests in lands, to denote a transfer by deed of that which could not be passed by livery, and, of course, was applied only to incorporeal hereditaments, it has now become a generic term, applicable to the transfer of all classes of real property. 3 Washb. Real Prop. 181.

As distinguished from a mere license, a grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can only he made by an instrument in writing, under seal; and is irrevocable, when made, unless an express power of revocation is reserved. A license is a mere authority; passes no estate or interest whatever; may be made by parol; is revocable at will; and, when revoked, the protection which it gave ceases to exist Jameson v. Millemann, 3 Duer (N. Y.) 255, 258.

The term "grant," in Scotland, is used in reference (1) to original dispositions of land, as when a lord makes grants of land among tenants; (2) to gratuitous deeds. Paterson. In such case, the superior or donor is said to grant the deed; an expression totally unknown in English law. Mozley & Whitley.

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, whether written or parol, express, or presumed from possession. Such a grant may be made by law, as well as by a patent pursuant to a law. Strother v. Lucas, 12 Pet. 436, 9 L. Ed. 1137. And see Bryan V. Kennett. 113 U. S. 179, 5 Sup. Ct. 413, 28 L. Ed 908; Hastings v. Turnpike Co., 9 Pick. (Mass) 80; Dudley v. Sumner. 5 Mass. 470.

-Grant, bargain, and sell. Operative words in conveyances of real estate. See Muller v. Boggs, 25 Cal. 187; Hawk v. McCullough, 21 Ill. 2121; Aka v. Mason, 101 Pa. 2ZU.—G:-ant and to £1-eight let. Operative words in a charter party. implying the piecing of the V95- srl at the disposition of the charterer for the purposes of the intended voyage, and generaily transferring the osscssion. See ristie v. Lewis. 2 Brod. & . 4-L1.—Grant of personal property. A method of transferring peisnnai property. distinguished from a gift by being ul- wnys founded on some consideration or equiva- lent. 2 Bl. Comm. 4-10. 4-41.. IS proper legal designation is an "assignment," or “bargain and sale." 2 Steph. Comm. 102.—G-rant to uses. The common grant with uses snperadded, which has lwrrmne the favorite mode of nunsferring realty in England. Wharton.-—Priva.te

land grant. A grant by a public authority vcsling title to public land in a private (natural) person. United Land Ass'n v. Knight, 85 Cal. 4-18, 24 Pac. 818.—l-‘ublio grant. grant from the public; a gr.:,ut of a power. license, privilege, or property, from the state or government to one or more individuals. contained in or shown by a record. conveyance. patent. charter, etc.

GRANT!-1E. The person to whom a grant is made.

GRANTOR. The person by whom a grant is made.

GRANTZ. In old English law. ' Noble-

men or grandees. Jacob.

GRASS HEARTH. In old records. The grazing or turning up the earth with a plow. The name of a customary service for inferior tenants to bring their piows, and do one day’: work for their lords. Oowell.

GRASS WEEK. Rogation Week, so call- ed anciently in the inns of court and chacnery.

GRASS WIDOW. A slang term for a woman separated from her husband by abandonment or prolonged absence; a woman living apart from her husbund. Webster.

GRASSON, or GRASSUM. A fine paid npon the transfer of a copyhold estate.

GRATITICATION. A gratuity; a recompense or reward for services or benefits, given voluntarily, without solicitation or promise.

GRATIS. Freely; gratuitously; without reward or consideration.

GRATIS DICTUM. A voiuntary assertion; a statement which a party is not legaliy bound to make, or in which he is not held to precise accuracy. 2 Kent, Comm. 485; “' ‘y v. Watson, 6 Metc. (Mnss) 2G0, 39 Am. Dec. 726.

GRATUITOUS. Without Valuable or le- gni consideration. A term applied to deeds of conveyance and to builnients and other contracts.

In old English law. Voluntary; without force, fear, or favor. Bract. fols. 11, 17.

As to gratuitous “Bai.hnent," “Contract," and “Deposlt," see those titles.

GRAVA. In old English law. A grove; a small wood; a coppice or thicket. Co. Litt. 4D.

A thick wood of high trees. Blount.

GRAVAM]-IN. The burden or gist of a charge: the grievance or injury specially complained of.

In English ecclesiastical law. A grlev- ance complained of luv the clergy before the

bishops in convocation.