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Updated: May 24, 2025
In addition to this, before the money is paid and the deed accepted, the purchaser should be satisfied that there are no mortgages, liens, attachments or other claims against the property. If such claims exist and are known to the buyer, he may assume them as a condition of the sale. The person selling the land and making the deed is known in law as the Grantor.
This report was approved. James Wiser alias Quanapaug, the Christian Nashaway Chief, who appears as grantor of the land, was a warrior whose bravery had been tested in the contest between the Nipmucks and the Mohawks; and was so firm a friend of his white neighbors at Lancaster, that when Philip persuaded the tribe with its Sagamore Sam, to go upon the war path, James refused to join them.
At once, however, he is confronted with the difficulty that the obligation of a contract is the obligation of a contract still to be fulfilled, and that a grant is an executed contract over and done with functus officio. This difficulty he meets by asserting that every grant is attended by an implied contract on the part of the grantor not to reassert his right to the thing granted.
"A fatal error!" said the alarmed attorney. "Yes, sir," said Sir Arthur, pulling the lease out of his pocket. "Here it is. You will observe that it is neither signed nor sealed by the grantor." "But, you won't take advantage of me, surely, Sir Arthur?" said Mr. Case, forgetting his own principles. "I shall not take advantage of you, as you would have taken of this honest man.
He first puts the case of a conveyance with the usual clause binding the grantor and his heirs to warrant and defend the grantee and his heirs. But so long as the first grantee survives, or his heirs, they are held to warranty, and not the first grantor." /1/
We now know, in spite of the fallacy of these records, who the true grantor was: it will not be amiss to go a little further in supplying their defects, and to inquire a little concerning the grantee. This makes it necessary for me to inform your Lordships who Debi Sing is.
The delivery of this deed to the board of trustees was accompanied with a long letter, setting forth the wishes, hopes, and plans of the grantor, in the formal and diffuse rhetoric peculiar to his generation, and, perhaps, too much contemned by ours.
He speaks of the benefit of joinder as derived from the persona of the grantor. "He to whom a thing is granted shall have the benefit of joinder from the persona of his grantor." /2/ A benefit cannot be derived from a persona except by sustaining it.
That is to say, he could only do so when, by the failure of the first grantee's blood, the first grantee's feudal relation to the first grantor, his persona, came to be sustained by the assign. /3/ This was not only carrying out the fiction with technical consistency, but was using it with good sense, as fictions generally have been used in the English law.
But recently the restrictive powers of this company have been swept away, and it is now little more than a grantor of trade-marks and an excuse for an annual banquet.
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