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bligation, &c.or doth imprison him'till he make such a Deed, if it be not by due Process at Law, and thereupon he maketh such a Deed, this is not a good Deed to bind the Party that made
but then it must be a Threatning of Life or Member, or Imprisonment, or Beating itself to the Party himself, and not a Threatning to do his wife, or any of his Family, or House, or Goods, hurt, for that will not make the Deed void.
A Deed made in Pursuit and Execution of a usurious Contract, which is fuch a Contract whereupon the Lender of Money is to have for the Loan of it above the Principal, more than after the Rate of five Pounds
per Annum, is void.
A Deed made containing the Grant of any Thing, with Intent and of Purpose to deceive and defraud one that shall afterwards buy the same Thing, is void as to him that shall buy the Thing. A Deed made of any Thing, with Intent and Purpose to deceive and defeat Creditors of their juft Debts and Duties, is void as to Creditors. A Deed made for the buying and selling of several Offices is void by the Statute of s Ed. 6. cap. 16.
And although a Deed be well made as to all the Particulars before mentioned, yet it may not be good for want of some other Matter, as Inrollment, Livery of Seisin, or the like; for where these Things are requisite, the Deed of Feoffment or Grant, is not good until it be done; neither for that Thing which will not pass without that Ceremony, nor yet for that, which otherwise had it been alone, might have passed by the Deeda
Where Estates pass by way of Use, on Consideration of Blood or Marriage, there it is usual, at the End of such Settlements to add a Covenant to stand seized, left any material Ceremony be omitted in the Execution of them. Where a Deed is made to a Man of
any Void by Thing without his Agreement, it is good, and Disagrecdoth vest the Thing in him 'till Disagreement: But when he comes to know it, he may refuse it, and fo make the Deed of no Force: As when a Lease for Years of Land, or Gift of Goods, or an Obligation is made and delivered to the Use of one, and he, when it is tendred to him, doth refuse it, and disagree to the same, this is void.
But when once the Party, by his Acceptance and Agreement, makes the Deed good, he can never after refuse it, and by Disagreement make the Deed void : And when by his Refusal and Disagreement he hath made the Deed void, there regularly he can never after, by his Agreement, make it good. But of this last, Quere.
A. let Land to B. hy Indenture dated Febru- False Rery 10. 27 H. 8. and after dies; and C. the Heir cital, of A. by Indentüre recites the laid Leale, but does it wrong, (viz. ) reciting it to be. dated February 1o. 28 H. 8. and then lets it by the same Indenture to D. for Years, to commence after the Expiration of the said recited Lease, and after the Sealing and Delivery of this last Lease, this Misrecital is razed, and made Febru. ary 1o. 27 H. 8. according to the true Lease; but it's not known by whom it was done, and when. Per Cur', This shall not avoid the Interest of the Estate for Years, although it shall avoid the Deed; and it's not necessary to shew
the Deed for the Maintenance of the Estate.
Hill. to Car. B. R. Miller and Manwaring. Deeds
If a Deed be razed or interlined by a Strailvoidable by ger, in a material Part, hý this it's void, í Rafure, In- Roll's Rep. 40: 11 Rep, 27. l'iggot's Case. terlineation, c..
If the Razure be in a Place not inaterial, it is not void by it. i Leon. 282.
If a Deed contain divers abfolute and distinct Covenants, and any of the Covenants be altered by Addition, Interlineation, or Razure, this Misfeazance, ex post facto, avoids all the Deed ; for although they are several Covenants, yet it is but one Deed,
An Interlineation, without any Thing appearing in the Deed contrary to it, will be prefumed to be done at the Time of the making the Deed, and not after it. i Keb, 22. Trowels Case.
A Deed well made, if it be after the sealing and delivery of it, altered by Razure, Interlineation, Addition, drawing a Line through the Words, though they be still legible, or by writing new Letters upon the old Letters, in any material Part of it, by this it is made void. Or if after the Sealing and Delivery, the Seal happen to be broken off, or utterly defaced, so that no Print thereof remaineth; or if it be broken off, and glued or fewed on again, or the Wax heat and put on again, or the Label broken off and sewed on again; by whatever Means this be, unless it be by his Means that made the Deed, or happen to be
broke in Court, by this the Deed is become void. Further Re Both Grantor and Grantee are to sign and marks on a seal the Deed, otherwise it is void to those as Deed.
But a Leffor sealing, and not the Lessee, is a good Deed, because that is the Original, and the other merely a Counterpart: And if there happen to be any Variance between the Original and Counterpart, the Counterpart must be amended, and made to agree with the Original, which only is binding
A Deed is good without a Name or Mark, if duly sealed and delivered; but'tis the best Way to have it signed: A Writing not sealed and delivered, cannot be pleaded as a Deed, but as an Evidence only, or Proof of the Agreement therein. And the more Witnesses you have to a Deed, the less it is liable to Forgery.
All Deeds must be made upon a good and valuable Consideration, either of Money, Service, Nature, Blood, &c. bona fide : And all Deeds whatsoever are most strongly taken against the Grantors, &c. 'and for the Benefit and Advantage of the Grantecs.
All Needs have Relation to, and take Effect from the Time of their Delivery, and not altogether from their Date, for the Time of the Delivery is always presumed to be the Time of their Date, unless the contrary do appear: And hence it is, that if a Statute be acknowledged the 24th Day of April, and the Conusee make a Release of all Demands, dated the 230 Day, and deliver it the 25th Day, by this Release the Statute is said to be discharged. And if a Writing be dated in the Minority of an Infant, and is sealed and delivered by him when he is of full Age; this is a good Deed, and will bind him. A Deed may be dated a reasonable Time backward, but not any Time forward : And the first Deed and last Will shall stand in force.
A Deed made to a Man and his Heirs for Term of Years, will go to his Executors as a Chattel, and be void to his Heirs : And the contrary, if Lands be given to a Man and his Heirs and Executors for ever, it will go to the Heirs as a Freehold, and be void as to his Executors.
A Deed made by several Persons, some whereof have no Right, shall be good against him or them which have Right, but void as to those which have no Right, and shall be taken only as the Deed of those which have the Right.
A Deed made as a Feofinent, Indenture, &c. may pass sometimes as a Grant, Surrender, Deed Poll, & c. and be good.
. And when a Deed may enure to divers Purposes, he to whom it is made shall have Election which Way to take it, that Way as may be
most for his Advantage. Pleading to a Where a Man is sued upon a Deed, if when Deed, &c. the fame is brought into Court it appears to want
Writing, Sealing, or Delivery; or if it be not fealed, written, and delivered as it ought to be, he may take Advantage and plead Non eft factum, that it is not his Deed.
So he may also, when upon Alteration or Rafure the Deed is become void.
So also where the Deed hath lost its Vertue, by the not reading or mis-reading it to an illeterate Person; or by Refusal or Disagreement.
But in all Cases where the Deed is only voidable at the Time of the Pleading; as when it is fealed by an Infant, or per Duress, or where the Obligation, &c. is joint, and but one of the Parties sued ; in such like Cases the Party must avoid it by special Pleading, and pray Judgment if the Plaintiff ought to have his A Stion.