Original conveyances are the following; 1. Feoffment; 2. Gift; 3. Grant; 4. Leaſe; 5. Exchange; 6. Partition: derivative are, 7. Releaſe; 8. Confirmation; 9. Surrender; 10. Aſſignment; 11. Defeazance.
1. A feoffment, feoffamentum, is a ſubſtantive derived from the verb, to enfeoff, feoffare or infeudare, to give one a feud; and therefore feoffment is properly donatio feudi[1]. It is the moſt antient method of conveyance, the moſt ſolemn and public, and therefore the moſt eaſily remembered and proved. And it may properly be defined, the gift of any corporeal hereditament to another. He that ſo gives, or enfeoffs, is called the feoffor; and the perſon enfeoffed is denominated the feoffee.
This is plainly derived from, or is indeed itſelf the very mode of the antient feodal donation; for though it may be performed by the word "enfeoff" or "grant," yet the apteſt word of feoffment is "do or dedi[2]." And it is ſtill directed and governed by the ſame feodal rules; inſomuch that the principal rule relating to the extent and effect of a feodal grant, "tenor eſt qui legem dat feudo," is in other words become the maxim of our law with relation to feoffments, "modus legem dat donationis[3]." And therefore as in pure feodal donations the lord, from whom the feud moved, muſt expreſſly limit and declare the continuance or quantity of eſtate he meant to confer, "ne quis plus donaſſe praeſumatur, quam in donatione expreſſerit[4];" ſo, if one grants by feoffment lands or tenements to another, and limits or expreſſes no eſtate, the grantee (due ceremonies of law being performed) hath barely an eſtate for life[5]. For, as the perſonal abilities of the feoffee were originally preſumed to be the immediate or principal inducements to the feoffment, the feoffee's eſtate ought to be confined to his perſon, and ſubſiſt only for his
