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The special warranty deed covenants and warrants only against the acts of the grantor and those claiming title under him. After a deed is properly drawn, it is ready to be signed, sealed, and delivered to the grantee. If the wife of the grantor is to sign, her name should follow that of her husband. If one or both cannot write, the signature can be made in this way: His George X Jones. Mark.
When the conditions have been complied with, the deed is given by its custodian to the grantee, which is as legal as if it were given by the grantor in person. A trust deed is the form used to convey property to some person who is entitled to its proceeds or profits. This form of deed is often used to secure the payment of a debt. In some states they take the place of mortgages.
The person buying the property is known as the Grantee. A deed is a form of contract, and in order to have its terms and statements binding on the maker, he must be twenty-one years of age, or over, and he must be of sound mind. The grantee need not be twenty-one, nor of sound mind in order to make the terms of the deed binding on the grantor.
Thus, if a man owns lot A and lot B, and he used a way from lot A, over lot B, to a mill, or to a river; and if he sells lot A with all ways and easements, the grantee will have the same privilege of passing over lot B as the grantor had. A right of way may arise from necessity.
So the Dirks of Holland get a deed from Charles the Simple, and, although the grace of God does not prevent the royal grantor himself from dying a miserable, discrowned captive, the conveyance to Dirk is none the less hallowed by almighty fiat.
A contrast which was early stated between the Lombard and the Roman law existed equally between the Anglo-Saxon and the Roman. It was said that the Lombard presents his grantor, the Roman stands in his grantor's shoes, Langobardus dat auctorem, Romanus stat loco auctoris. /1/
If subordinate officers failed, then the more urgent the duty of superior officers. Therefore, even had a grant been made of Warner's Ranch in which the grantor purposely left out the recognition of the rights of the Indians, the highest Spanish courts would not have tolerated any such abuse of power. This was an axiom of Spanish rule, shown by a hundred, a thousand precedents.
The assign comes in under him, and does not put an end to his control over it, until by breach and action a new right attaches in the assign's person, distinct from the rights derived from the persona of his grantor.
It enacted that, when part of an estate was alienated by its lord, the grantee should not be permitted to become the subtenant of the grantor, but should stand to the ultimate lord of the fief in the same feudal relation as the grantor himself.
They generally promise security wherever the grantor has authority and command, and are interpreted by the same rules of liberality and good faith, with other acts of the Sovran power. A Licence granted by a state to its own subjects, or to those or the enemy, is a dispensation on its own side of the Laws of War, as far as its terms can be fairly construed.
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