Definition of DEED in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEED
A conveyance of realty, a writing signed by grantor, whereby title . to realty is transferred from one to another. National Fire Ins. Co. v. Patterson, 170 Okl. 593, 41 P.2d 645, 647; Mitchell v. Nicholson, 71 N.D. 521, 3 N.W.2d 83, 85, 139 A.L.R. 1175.
In order that an instrument may be operative as a "deed," it must pass a present interest, although it is not necessary that grantee take a present estate in property conveyed. Blair v. Blair, 111 Vt. 53, 10 A.2d 188, 189.
The term is also used as synonymous with "fact," "actuality," or "act of parties." Thus a thing "in deed" is one that has been really or expressly done; as opposed to "in law," which means that it is merely implied or presumed to have been done. Powell v. Powell, 196 Ga. 694, 27 S.E.2d 393, 396, 397.
At Common Law
At common law, a sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. Co. Litt. 171; 2 Bl.Comm. 295; Shepp. Touchst. 50. A writing containing a contract sealed and delivered. 3 Washb. Real Prop. 239; Sanders v. Riedinger, 30 App.Div, 277, 284, 51 N.Y.S. 937, 942. An instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed, and delivered. 4 Kent, Comm. 452; Interstate R. Co. v. Roberts, 127 Va. 688, 105 S.E. 463, 464. There is authority, however, that signing is unnecessary to validity of deed. Bowling v. Wilkerson, D.C.Ky., 19 F.Supp. 584, 587.
A writing under seal by which lands, tenements, or hereditaments are conveyed for an estate not less than freehold. 2 Bl.Comm, 294.
A dded implies, at common law, a sealed instrument. 2 Bl.Comm. 295; Rondot v. Rogers Tp., 39 C.C.A. 462, 99 F. 202, 209; Strain v. Fitzgerald, 128 N.C. 396, 38 S.E. 929, 930; Williams v. State, 25 Fla. 734, 6 So. 831, 832, 6 L.R.A. 821; e. g., a bond is a deed for the reason that it is sealed by the obligor. In re Contest of Election of Burns, 315 Pa. 23, 171 A. 888, 889. But the term Is also applied to similar instruments, not under seal, executed in jurisdictions in which the use of seals is unknown (see Steigenberger v. Carr, 3 M. & G., 191, 199, 42 ECL 107, 133 Reprint. 1111), or in which seals have been rendered unnecessary by statute. See Henderson v. Howard, 147 Ga. 371, 94 S.E. 251; Gibbs v. McGuire, 70 Miss. 646, 12 So. 829.
Modern Rule
A written instrument, signed, sealed, and delivered, by which one person conveys land, tenements, or hereditaments to another. This is its ordinary modern meaning, at least in those jurisdictions which adhere to the common-law rule making a seal essential to the validity and operative effect of a deed of conveyance. McMee v Henry, 163 Ky. 729, 174 S.W. 746, 747; Dunham v. Marsh, 52 N.J.Eq. 256, 30 A. 473, 474; Hood v. Fletcher, 31 Ariz. 456, 254 P. 223, 224.
The term may include a mortgage of real estate. Lockridge v. McCommon, 90 Tex. 234, 38 S.W. 33, 35 (citing Hellman v. Howard, 44 Cal. 110) ; Daly v. Minnesota Loan. & Investment Co., 43 Minn. 517, 45 N.W. 1100, 1101; Morgan v. Wickliffe, 115 Ky. 226, 72 S. W. 1122. But, contra, see Eaton v. White, 18 Wis. 517, 519; National Bank of Columbus v. Tennessee Coal, Iron & Railroad Co., 62 Ohio St. 564, 57 N.E. 450. Similarly a lease for years under seal may be a deed. Hutchinson v. Bramhall, 42 N.J.Eq. 372, 7 A. 873, 875. And a lease exceeding twenty-one years is held to be within the term. St. Vincent's Roman Catholic Congregation of Plymouth v. Kingston Coal Co., 221 Pa. 349, 70 A. 838, 839. But a stipulation for a deed prohibiting drilling for oil or gas was held not to include a lease. Test Oil Co. v. La Tourette, 19 Old. 214, 91 P. 1025, 1029.
The essential difference between a "deed" and a "will" is that the former passes a present interest and the latter passes no interest until after the death of the maker. Willis v. Fiveash, Tex.Civ.App., 297 S.W. 509, 510; Harber v. Harber, 152 Ga. 98, 108 S.E. 526; Henderson v. Henderson, 210 Ala. 73, 97 So. 353, 372; Bowdoin College v. Merritt, C.C.Cal., 75 F. 480, 483. A will is "an instrument by which a person makes a disposition of his property to take effect after his decease, which is in its own nature ambulatory and revocable thir`ing his life. It is this ambulatory quality which form's the characteristic of wills; for, though, a disposition by deed may postpone the possession or enjoyment, or even the vesting, until the death of the disposing party, yet the postponement is in such case produced by the express terms, and does not result from the nature of the instrument." In re Hall's Estate, 149 Cal. 143, 84 P. 839, 840; Robb v. Washington & Jefferson College, 185 N.Y. 485, 78 N.E. 359, 361 (quoting and adopting definition in Jarman, Wills, p. 17). The main test, however, whether a writing is a will or deed, is the animus testandi. Belgrade v. Carter, Tex.Civ.App., 146 S.W. 964, 965; McLain v. Garrison, 39 Tex.Civ.App. 431, 88 S.W. 484, 89 S.W. 284 (citing Gillham v. Mustin, 42 Ala. 366; Trawick v. Davis, 85 Ala. 345, 5 So. 83) ; Ecklar's Adm'r v. Robinson, 96 S. W. 845, 846, 29 Ky.Law Rep. 1038. Harber v. Harber, 152 Ga. 98, 108 S.E. 520. "Deeds" are irrevocable and take effect by delivery, while "wills" are always revocable during testamentary capacity and take effect only after testator's death. Self v. Self, 212 Ala. 512, 103 So. 591, 592. If a document cannot be revoked or impaired by the grantor, it is a "deed," but if the grantor recites an unqualified power of revocation, it is a "will." Craft v. Moon, 201 Ala. 11, 75 So. 302, 303. An instrument purporting to convey title to lands on its delivery is a deed and not a will, though possession be deferred until the grantor's death. Lovenskoild v. Casas, Tex.Civ.App., 196 S.W. 629, 631.
A deed is distinguished from a contract in that a deed is a mere transfer of title to realty, and is the act of but one of the parties, made pursuant to a previous contract either in parol or in writing. Collins v. Lyon, Inc., 181 Va. 230, 24 S.E.2d 572, 579. Accordingly; want of consideration of itself will not warrant setting aside a deed, though want of consideration would be good defense to an executory contract. Lawson v. Boo, 227 Iowa 100, 287 N.W. 282, 284. However, a deed is a contract, for the purpose of reformation in equity to make it truly speak the legally ascertained intention of the parties. Sawyer Coal & Ice Co. v. Kinnett-Odom Co., 192 Ga. 166, 14 S.E.2d 879, 883.
Deed for a nominal sum. In effect the same as a deed of gift. Bertelsen v. Bertelson, 49 Cal.App. 2d 479, 122 P.2d 130, 133.
Deed in fee. A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Spokane & U. H. St. Ry. Co., 5 Wash. 699, 32 P. 751.
Deed indented, or indenture. In conveyancing. A deed executed or purporting to be executed in parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner. This was formerly done at the top or side, in a line resembling the teeth of a saw; a formality derived from the ancient practice of dividing chirographs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl.Comm. 295, 296; Litt. § 370; Smith, Cont. 12.
Deed of covenant. Covenants are sometimes entered into by a separate deed, for title, or for the indemnity of a purchaser or mortgage, or for the production of title-deeds. A covenant with a penalty is sometimes taken for the payment of a debt, instead of a bond with a condition, but the legal remedy is the same in either case.
Deed of gift. A deed executed and delivered without consideration.
Thus a conveyance to church mission board for which board agreed to educate a relative of grantors for the ministry should grantors die before his education was completed, was not a strict "deed of gift". Forbes v. Board of Missions of M. E. Church, South, 17 Ca1.2d 332, 110 P.2d 3, 7.
Deed of release. One releasing property from the incumbrance of a mortgage or similar pledge upon payment or performance of the conditions; more specifically, where a deed of trust to one or more trustees has been executed, pledging real property for the payment of a debt or the performance of other conditions, substantially as in the case of a mortgage, a deed of release is the conveyance executed by the trustees, after payment or performance, for the purpose of divesting themselves of the legal title and revesting it in the original owner. See Swain v. McMillan, 30 Mont. 433, 76 Pac. 943.
Deed of separation. An instrument by which, through the medium of some third person acting as trustee, provision is made by a husband for separation from his wife and for her separate maintenance. Whitney v. Whitney, 15 Misc. 72, 36 N.Y.S. 891, 892.
Deed of settlement. A deed formerly used in England for the formation of joint stock companies constituting certain persons trustees of the partnership property and containing regulations for the management of its private affairs. They are now regulated by articles of association.
Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions. Bank v. Pierce, 144 Cal. 434, 77 P. 1012; In re Sherman, D.C.Va., 12 F.Supp. 297, 298, 299. Though differing in form from mortgage, it is essentially a security. Bank of America Nat. Trust & Savings Ass'n v. Bank of Amador County, 135 Cal.App. 714, 28 P.2d 86, 88. In re Title Guaranty Trust Co., Mo.App., 113 S.W.2d 1053, 1057. See Trust Deed.
Deed poll. A deed which is made by one party only. See Hawkins v. Corbit, 83 Okl. 275, 201 P. 649, 653. A deed in which only the party making it executes it or binds himself by it as a deed. 3 Washb. R. P. 311. It was originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distinguished from a deed indented or indenture. As to a special use of this term in Pennsylvania in colonial times, see Herron v. Dater, 120 U.S. 464, 7 S.Ct. 620, 624, 30 L.Ed. 748 (citing Evans v. Patterson, 71 U.S. 224, 4 Wall. 224, 18 L.Ed. 393).
Deed to lead uses. A deed made before a fine or common recovery, to show the object thereof.
As to "execution of deed," see Execution of Instrument.
Gratuitous deed. One made without consideration. 2 Steph.Com. 47. As to "Quitclaim" deed, "Tax" deed, "Trust" deed, and "Warranty" deed, see those titles.
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That's the definition of DEED in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
