ON THE INTERPRETATION OF DEEDS(a). CHAPTER I. EXTRINSIC EVIDENCE TO VARY DEED. Extrinsic evidence inadmissible to vary terms of deed: Simultaneous deeds: Counterparts: Subsequent conduct: Custom. Rule 1.-Deed cannot be varied by what happens before or at time of execution.-No evidence of extrinsic circumstances is admissible to contradict, vary, or add to, the terms of a deed. (a) As to what constitutes a Deed, and as to matters connected with the execution of Deeds, see Elphinstone, Introd. Conv., 3rd ed., ch. v. p. 55, and the authorities there cited; Cruise, Dig. vol. 4, ch. 1, 2; Pollock on Contr., 3rd ed., p. 156: Com. Dig. Title Fait; Perkins, Prof. Bk., c. 2, fol. 25a, 27d; Dixon on Title Deeds, p. 468. As to execution, see Wms. R. P. p. 159 (14th ed.), citing Cherry v. Heming, 4 Ex. 631, 636; as to the execution of an instrument exercising a general power of appointment, see Freme v. Clement, 18 Ch. D. 499; as to attestation, Elphinstone, Introd. Conv. p. 57. Dixon on Title Deeds, 570; and for a list of the instruments in which attestation is necessary, see Taylor, Ev. s. 1840 (7th ed.); as to omission of the word "signed" in the attestation clause, see Taunton v. Pepler, 6 Madd. 166; as to presumption of sealing and delivery, Stephen, Dig. Ev. Art. 87; see Evans v. Grey, 9 L. R. (Ir.) 539, that an attestation clause "signed, sealed, and delivered," &c., is prima facie evidence of delivery, and that leaving the deed on a table" for a few seconds is a sufficient delivery; (per Sullivan. M. R.) as to qualifying execution by adding words, see Exchange Bank of Yarmouth v. Blethen, 10 App. Cas. 293, that a party to a deed cannot attest it, Freshfield v. Reed, 9 M. & W. 404; Seal v. Claridge, 7 Q. B. D. 516; as to what amounts to sealing, re Sandilands, L. R. 6, C. P. 411; as to the effect of the attestation clause, Cabell v. Vaughan, 1 Wms. Sannd. 291: Pordage v. Cole, ibid, 320; of execution by A. on the faith that B. will execute, Evans v. Brembridge, 8 De G. M. & G. 100; per Jessel, M. R., Luke v. S. Kensington Hotel Co., 11 Ch. D. 125; McLean v. Kennard, L. R. 9 Ch. 336; Griffin v. Clowes, 20 Beav. 61; of execution on behalf of a lunatic, Lawrie v. Lees, 14 Ch. D. 249; 7 App. Ca. 19; deed executed by A. person |