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DEED (in O. Eng. dead, from the stem ...

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Originally appearing in Volume V07, Page 921 of the 1911 Encyclopedia Britannica.
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DEED (in O. Eng. dead, from the See also:stem of the verb " to do ")  , that which is done, an See also:act, doing; particularly, in See also:law, a See also:contract in See also:writing, sealed and delivered by the party See also:bound to the party intended to benefit . Contracts or obligations under See also:seal are called in See also:English law specialties, and down to 1869 they took See also:precedence in See also:payment over See also:simple contracts, whether written or not . Writing, sealing and delivery are all essential to a See also:deed . The See also:signature of the party charged is not material, and the deed is not void for want of a date . Delivery, it is held, may be See also:complete without the actual handing over of the deed; it is sufficient if the act of sealing were accompanied by words or acts signifying that the deed was intended to be presently binding; and delivery to a third See also:person for the use of the party benefited will be sufficient . On the other See also:hand, the deed may be handed over to a third person as an escrow,l in which See also:case it will not take effect as a deed until certain conditions are performed . Such conditional delivery may be inferred from the circumstances attending the transaction, although the conditions be not expressed in words . A deed indented, or See also:indenture (so called because written in counterparts on the same See also:sheet of See also:parchment, separated by cutting a wavy See also:line between them so as to be identified by fitting the parts together), is between two or more parties who contract mutually . The actual indentation is not now necessary to an indenture, The deed-See also:poll (with a polled or smooth-cut edge, not indented) is a deed in which one party binds himself without reference to any corresponding. obligations undertaken by another party . See CONTRACT .

End of Article: DEED (in O. Eng. dead, from the stem of the verb " to do ")
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DEE (Welsh, Dyfrdwy;, Lat.., and in Milton, Deva)
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CHARLES DEEMS (ALEXANDER) FORCE (1820-1893)

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