GROUND

1. Soil; earth; a portion of the earth’s surface appropriated to private useand under cultivation or susceptible of cultivation.Though this term is sometimes used in conveyances and in statutes as equivalent to”land.” it is properly of a more limited signification, because it applies strictly only to tiiesurface, while “land” includes everything beneath the surface, and… Continue Reading GROUND

Categories: G

GRATUITOUS

Without valuable or legal consideration. A term applied to deeds ofconveyance and to bailments and other contracts.In old English law. Voluntary; without force, fear, or favor. Bract, fols. 11, 17.As to gratuitous “Bailment,” “Contract” and “Deposit,” see those titles.

Categories: G

GRANT

A generic term applicable to all transfers of real property. 3 Wasbb. 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, G4 N. E. 080.An act evidenced by letters patent under the great seal, granting something fromthe… Continue Reading GRANT

Categories: G

GIVE

1. To transfer or yield to, or bestow upon, another. One of the operativewords in deeds of conveyance of real property. importing at common law, a warranty orcovenant for quiet enjoyment during the lifetime of the grantor. Mack v. Patcliin, 29How. Prac. (X. Y.) 23; Young v. Hargrave. 7 Ohio. G9, pt. 2; Dow v.… Continue Reading GIVE

Categories: G

GIFT

A voluntary conveyance of land, or transfer of goods, from one person to another,made gratuitously, and not upon any consideration of blood or money. 2 Rl.Comm. 440; 2 Steph. Comm. 102; 2 Kent, Comm. 437. And see Ingram v. Colgan, 100Cal. 113, 38 Pac. 315, 28 L. It. A. 187, 40 Am. St. Rep. 221;… Continue Reading GIFT

Categories: G

GALE

The payment of a rent, tax, duty, or annuity.A gale is the right to open and work a mine within the Hundred of St. Brlavel’s, or astone quarry within the open lands of the Forest of Dean. The right is a license orinterest in the nature of real estate, conditional on the due payment of… Continue Reading GALE

Categories: G

FORPRISE

An exception; reservation; excepted; reserved. Anciently, a term offrequent use In leases and conveyances. Cowell; Blount.In another sense, the word la taken for any exaction.

Categories: F

FORMALITY

The conditions, in regard to method, order, arrangement use oftechnical expressions, performance of specific acts, etc., which are required by the lawIn the making of contracts or conveyances, or in the taking of legal proceedings, to insuretheir validity and regularity. Succession of Seymour, 48 La. Ann. 993, 20 South.217.

Categories: F

FEOFFMENT

The gift of any corporeal hereditament to another, (2 Bl. Comm. 310),operating by transmutation of possession, and requiring, as essential to its completion,that the seisen be passed, (Watk. Conv. 183), which might be accomplished either byinvestiture or by livery of seisin. 1 Washb. Real Prop. 33. See Thatcher v. Omans, 3Pick. (Mass.) 532; French v.… Continue Reading FEOFFMENT

Categories: F

FACTUM

Lat. In old English law.A deed ; a person’s act and deed : anything stated or made certain ; a sealedinstrument; a deed of conveyance.A fact; a circumstance; particularly a fact In evidence. Bract, fol. 1 b.In testamentary law. The execution or due execution of a will. The factum of aninstrument means not barely the… Continue Reading FACTUM

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