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A derivative conveyance was one which operates in connection with some former conveyance. A release was used by a party with an interest in land, but not the present possessor, to give up his interest to the person in possession. A surrender was to a certain extent the reverse of this, being used by the tenant in possession to give up his estate to the remainder-man. A confirmation was a deed used to perfect a former imperfect grant. A defeasance was a deed used in connection with some other deed, and provided that under certain circumstances it should become void. An assignment is used by a person to transfer his interest under a deed to another. SECTION 88. EFFECT OF STATUTE OF USES UPON THE
ENGLISH LAW OF CONVEYANCING. The history of the Statute of Uses and its effect upon the law of uses and trusts is discussed under the subject of Trusts. A collateral and entirely unexpected effect of the statute was its revolutionizing of the English law of conveyancing. Prior to the passing of this statute it had been impossible to transfer the legal title to real estate without livery of seisin. It had, however, been possible for a person by a written instrument to declare himself the trustee of lands of which he was the legal owner, for the benefit of another party. The statute of uses had the same effect in such cases, of transferring the legal title to the person who held the beneficial use. It thus became possible to transfer the legal title by a written deed without livery of seisin.
The deed transferred the beneficial use and the statute the legal title.
• Vol. 7, Sub. 22.
Two forms of conveyances immediately arose under this statute; the covenant to stand seised to uses and the deed of bargain and sale. The deed of bargain and sale required a valuable consideration, while a good consideration i. e., that of blood and affection (was sufficient in the case of the covenant to stand seised. The necessity for a consideration in a deed originated with the deed of bargain and sale. It has, in the main, served as a basis for the modern form of deed.
Shortly after the passing of the statute of uses, there was enacted the statute of enrollments, which required the registration of all deeds of bargain and sale. To avoid both registration and livery of seisin, a new form of conveyance, known as the Lease and Re-lease was invented. By the lease, which as it did not transfer a freehold did not require a livery of seisin. The vendee could be put in possession of the land and then a release of the grantor's remaining interest could be made to him.
Two of the forms of deeds growing out of the statute of uses, were deeds to declare the uses of aaother more direct conveyance and deeds of revocation of uses.
SECTION 89. MODERN DEEDS. The system of modern deeds will be fully explained under the subject of Abstracts, and need only be mentioned at this point. The two main forms of modern deeds are warranty deeds and quit claim deeds. The main difference between these two is that a quit claim deed merely purports to transfer all the interests of the grantor, while a warranty deed warrants the title to be as represented.
• For a copy of this form of deeds,
see Appendix C.
Fiduciary deeds are deeds made by duly authorized agents, and are treated under the subject of Abstracts.
SECTION 90. CONVEYANCES IN TRUST OR BY WAY OF
PLEDGE. Conveyance in trust will be treated under the subject of Trusts, and conveyance by way of pledge, under the subject of Equity Jurisprudence.? o Volume 7, Subject 21.
· Volume 7, Subject 20.
GEORGE W. WARVELLE, LL. D.
PROFESSOR OF THE LAW OF REAL PROPERTY AT THE ILLINOIS COLLEGE OF LAW FORMERLY DEAN OF THE CHICAGO LAW SCHOOL. AUTHOR OF “PRINCIPLES OF THE LAW OF REAL PROPERTY," "VENDORS AND
VENDEES," "ABSTRACTS," "EJECTMENT," ETC.