1 Inst. 352. b. Shelley v. Ford v. Grey, 6 Mod. 45. Ante, c. 11. Consideration. Grant or release. Bridgeman's Conveyan. vol. 1. 323. the estate of the grantor in the land, or of the date of the deed by which he acquired the land, did not invalidate a deed. 24. It is laid down by Lord Coke, that a recital does not conclude, because it is no direct affirmation. But it has been since held, that though a person shall not be estopped by a general recital, yet he may be estopped by the recital of a particular fact. 25. Thus where it was recited in the condition of a bond, that the obligor had received divers sums of money for the obligee, which he had not brought to account, but acknowledged that a balance was due to the obligee; it was held that the obligor was estopped to say that he had not received any money for the use of the obligee. 26. Where it can be proved that a deed was actually executed, and is lost, the recital of it in another deed is evidence of it. 27. After the recitals comes the witnessing part, which begins with a statement of the consideration, and if it is a pecuniary one, the payment of it is mentioned, the grantor acknowledges the receipt of it, and releases the grantee from its payment. It is also usual and proper to endorse a receipt for the consideration on the back of the deed, signed by the party who receives the money. 28. The next thing is the grant or release by which the lands are transferred. The technical words, where necessary, by which this transfer is made, differ according to the different kinds of conveyance, and have been already stated. 29. It should however be observed, that some difference of opinion has existed respecting the necessity of the word grant. Sir J. Palmer thought, that in a deed to pass an inheritance, where there was a common in gross, the word grant was absolutely necessary; for it could not pass by the livery: from which it was supposed that incorporeal hereditaments, severed from the inheritance, could only pass by the word grant. This must however be confined to feoffments; for in conveyances derived from the statute of uses, advowsons, Ante, c. 9. commons, and all other incorporeal hereditaments, may be conveyed without the word grant. 30. When any thing is granted, all the means to Touch. 89. attain it, and all the fruits and effects of it, are also granted, and will pass inclusivè, together with the thing itself, without the words cum pertinentiis: for it is a maxim, cuicunque aliquid conceditur, etiam et id sine quo res ipsa non esse potuit. Thus if a person grants a piece Fitz. N. B. of ground in the middle of his estate; he at the same time impliedly grants a way to it, and the grantee may Tit. 24. § 10. pass over the land of the grantor for that purpose, without being guilty of a trespass. 1 & 3. the things 31. The grant or release is immediately followed by Description of the description of the things granted, which cannot be granted. too minute and accurate. Every thing intended to be conveyed should be particularly mentioned, and set down in its proper order; such as honours, manors, messuages, cottages, mills, dove-houses, gardens, orchards, lands, meadows, pastures, woods, underwoods, furzes, heaths, moors, rents, commons, fishings, warrens, mines, advowsons, tithes and portions of tithes, oblations, hundreds, ways, ferries, services, &c., all which should be described by their situation, county, hundred, tithing or vill, hamlet and parish, number of acres and boundaries, and in whose tenure and occupation. 32. The civil division of the kingdom was originally into counties, hundreds, and vills, tithings or townships; for parishes were divisions only in reference to ecclessiastical affairs, of which the common law took no notice; but in process of time parishes became divisions in reference to civil matters. 2 Roll, Ab. 54. 33. There was a parish and also a vill called Street, Stoke v. Pope, and a person having lands in the vill of Street, and also lands in the parish of Street, but not within the 1 Inst. 5. a. Tit. 27. P. 1. § 389. vill of Street, conveyed all his lands in Street. It was resolved that the lands in the vill only passed; because when Street was named generally, it must be understood of the vill only. 34. The word manor has a very extensive signification; for it will pass, 1. All the demesnes, that is, all the lands whereof the lord is seised within the manor; and also the freehold of all the lands held by copyWest Symb. holders, or other customary tenants, together with all the wastes. 11. All the services, such as fealty, suit of court, rents, &c. III. All courts baron, courts leet, with the fines and perquisites annexed thereto, and all other franchises that are parcel of, or appendant to the manor, at the time of the conveyance. The site and demesnes of the manor may however be separated, in a lease, from the manor itself. Tanfield v. Rogers, Tit. 28, c. 1. Recov. 42. Acton's case, Dyer, 288. 35. Lands held in fee simple of a manor are not considered as parcel of the manor, although the rents and services issuing out of such lands are parcel of the manor. But where lands which originally constituted part of the demesnes of a manor are granted out for life or in tail, the reversion remains parcel of the manor and will pass by a conveyance of the manor. For as Mr. Pigot observes, when a person is seised of a manor and demesnes in possession, and makes a lease for life, and parts with the possession of what he so leases, in lieu of the possession, he has the reversion and services which are annexed to the manor, and constitute a part of it; and the reversion and services naturally follow the right and nature of the land. 36. A court baron being incident to a manor of Cro. Eliz. 792. common right, the manor cannot be granted, by a private person, with an exception of the court baron and its perquisites, but may be so granted by the King. Touch. 92. 37. An advowson appendant to the manor will pass by a conveyance of the manor, even though the word appurtenances be omitted, because it is parcel of the manor. But things which are not parcel of the manor will not pass by a conveyance of the manor, unless they have acquired from time immemorial a reputation of appendancy. 38. It has been stated, that although many manors Dissert. c. 3. have been destroyed, yet they still continue to be called manors, though in fact they are only reputed manors; and a reputed manor will pass in a deed by the word manor. 39. It is said by Lord King, that a hundred is only a franchise, and that by the grant of a hundred nothing but the franchise passes, and not the lands lying within the hundred. Bays v. Bird, 2 P. Wms. 397 Vent. 403. Smith v. 2 Saund. 400.. 40. The word messuage is synonymous with dwell- 1 Inst. 5. b. ing house; and a grant of a messuage with the appur- Martin, tenances will not only pass a house, but all buildings attached or adjoining to it; as also its curtilage, garden, and orchard; together with the close in which the house is built. But if a greater quantity of land has been usually occupied with the house, yet it will not pass. Touch. 93. 41. The word farm comprehends many things; for 1 Inst. 5. a. by the conveyance of a farm will pass a messuage, arable land, meadow, pasture, wood, &c., thereto belonging, or therewith used; because this word properly signifies a messuage, with a quantity of demesnes thereto belonging. 42. The word land, strictly taken, only signifies arable land. For in the ancient præcipes we constantly find the words, terra, pratum, et pastura; land, meadow, and pasture. But this confined meaning of the word. land was only adopted when used in a præcipe, in an adversary suit; for Lord Coke says land, in the legal 1 Inst. 4. a. signification, comprehends any ground, soil, or earth whatever, as meadows, pastures, woods, moors, waters, marshes, furzes, heaths; and that it also includes all castles, houses, and other buildings thereon; which will pass with it. 43. Land is often described according to its ad Cro. Eliz. 655. Morgan v. Some v. Taylor, measurement; and in that case the acres shall be taken according to the estimation of the country in which it lies; not according to the statute de terris mensurandis. But where a person has a close containing twenty acres of land by estimation, but which in reality is not eighteen, and he grants ten acres of that close to another, the grantee shall have them according to statute measure; because those acres were not known by parcels, or by metes and bounds. 44. Where a person has a moveable estate of inheritance in thirteen acres of land, parcel of a meadow of eighty acres, he may convey it by the description of thirteen acres, lying within the meadow of eighty acres, without bounding or describing it in certainty. 1 Inst. 48. b. 1 Inst. 4. b. Idem. Idem. Id. n. 1. Id. 4. b. 45. If a person grants to another the profit of certain lands, and makes livery of seisin secundum formam chartæ, the land itself will pass, together with the vesture, herbage, trees, mines: for what is the land but the profits thereof. 46. If a man seised of several acres of wood, grants to another omnes boscos suos, all his woods; not only the woods growing upon the land pass, but the land itself; for boscos not only includes the trees, but also the land whereupon they grow. 47. If a man grants all his pastures, the land employed in the feeding of beasts will pass; as also such pastures and feedings as the grantor has in another man's soil. And if a person grants omnia prata sua, all his meadows, the land itself of that kind will pass. 48. Lord Coke says, a grant of vesturam terræ will not pass the soil; but only the corn, grass, and underwood. This has been doubted; and it has been contended, that the words vesture of lands, mean all the profits. 49. If a person grants aquam suam, the soil will not pass; but only the right of fishing in that water: for the proper words, in that case, to pass the soil, would be, so many acres of land aquá coopertas, covered with |