delivering it up to be cancelled; that is to have lines drawn over it, in the form of lattice work or cancelli; though the phraſe is now uſed figuratively for any manner of obliteration or defacing it. 4. By the diſagreement of ſuch, whoſe concurrence is neceſſary, in order for the deed to ſtand: as, the huſband, where a feme covert is concerned; an infant, or perſon under dureſs, when thoſe difficulties are removed; and the like. 6. By the judgment or decree of a court of judicature. This was antiently the province of the court of ſtar-chamber, and now of the chancery: when it appears that the deed was obtained by fraud, force, or other foul practice; or is proved to be an abſolute forgery[1]. In any of theſe caſes the deed may be voided, either in part or totally, according as the cauſe of avoidance is more or leſs extenſive.
And, having thus explained the general nature of deeds, we are next to conſider their ſeveral ſpecies, together with their reſpective incidents. And herein I ſhall only examine the particulars of thoſe, which, from long practice and experience of their efficacy, are generally uſed in the alienation of real eſtates: for it would be tedious, nay infinite, to deſcant upon all the ſeveral inſtruments made uſe of in perſonal concerns, but which fall under our general definition of a deed; that is, a writing ſealed and delivered. The former, being principally ſuch as ſerve to convey the property of lands and tenements from man to man, are commonly denominated conveyances: which are either conveyances at common law, or ſuch as receive their force and efficacy by virtue of the ſtatute of uſes.
I. Of conveyances by the common law, ſome may be called original, or primary conveyances; which are thoſe by means whereof the benefit or eſtate is created or firſt ariſes: others are derivative or ſecondary; whereby the benefit or eſtate, originally created, is enlarged, retrained, transferred, or extinguiſhed.
- ↑ Toth. num°. 24. 1 Vern. 348.
