a manner as to leave half the word on one part and half on the other. Deeds thus made were denominated ſyngrapha by the canoniſts[1]; and with us chirographa, or hand-writings[2]; the word cirographum or cyrographum being uſually that which was divided in making the indenture: and this cuſtom is ſtill preſerved in making out the indentures of a fine, whereof hereafter. But at length indenting only has come into uſe, without cutting through any letters at all; and it ſeems at preſent to ſerve for little other purpoſe, than to give name to the ſpecies of the deed. When the ſeveral parts of an indenture are interchangeably executed by the ſeveral parties, that part or copy which is executed by the grantor is uſually called the original, and the reſt are counterparts: though of late it is moſt frequent for all the parties to execute every part; which renders them all originals. A deed made by one party only is not indented, but polled or ſhaved quite even; and is therefore called a deed-poll, or a ſingle deed[3].
II. We are in the next place to conſider the requiſites of a deed. The firſt of which is, that there be perſons able to contract and be contracted with, for the purpoſes intended by the deed; and alſo a thing, or ſubject matter to be contracted for; all which muſt be expreſſed by ſufficient names[4]. So as in every grant there muſt be a grantor, a grantee, and a thing granted; in every leaſe a leſſor, a leſſee, and a thing demiſed.
Secondly; the deed muſt be founded upon good and ſufficient conſideration. Not upon an uſurious contract[5]; nor upon fraud or colluſion, either to deceive purchaſors bona fide[6], or juſt and lawful creditors[7]; any of which bad conſiderations will vacate the deed. A deed alſo, or other grant, made without any conſideration, is, as it were, of no effect; for it is conſtrued to enure, or to be effectual, only to the uſe of the grantor himſelf[8].
