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When he pleaded that King John had given him a charter of quittance, he was told that its force had ended with the death of the grantor. He was further required to answer for the wrongs which Twenge's bands had inflicted on the servants of the pope. He was accused of poisoning William Earl of Salisbury, William Marshal, Falkes de Bréauté, and Archbishop Richard.
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.
Hence a man could summon no one but his grantor, and the successive vouchers came to an end when the last vouchee could not call on another from whom he had bought. Now when the process was abridged, no persons were made liable to summons who would not have been liable before.
In the quit-claim deed the grantor conveys to the purchaser his interest in or right to the property under consideration. The quit-claim grantor does not guarantee the title to the property, nor warrant the grantee against any other claims. He simply, by the deed, quits his claim to the property.
But in fact the assign recovered on the original warranty to the first grantee. /2/ He could only come on the first grantor after a failure of his immediate grantor's heirs. The first grantor by mentioning assigns simply enlarged the limits of his grantee's succession. The assign could vouch the first grantor only on the principles of succession.
In some other states, the time is fixed by law, and varies in these different states from fifteen days to two years. But a deed, though not recorded in season to secure the title against a second purchaser, or though not recorded at all, is good against the sellor or grantor; and the dispossessed purchaser has a lawful claim against him for the value of the land.
The delivery is essential, for without it the deed is of no value, even though every other requisite be complied with. A deed may be made for land on which full payment has already been acknowledged, but if the grantor dies before the deed is delivered, then the deed has no legal value. A deed obtained by fraud, deceit or compulsion is void.
There is one condition under which the grantor does not turn over or deliver the deed to the grantee after it is made. This is known as a Deed in Escrow. A deed "delivered in escrow" is when the document is placed with a third party to be by him delivered to the grantee when a certain time has elapsed or certain conditions have been fulfilled.
Practically it made little difference whether the assign got the benefit of the first grantor's warranty mediately or immediately, if he got it. The trouble arose where he could not summon the mesne grantor, and the new right was given him for that case alone.
A deed of land sold, contains the names of the seller and the purchaser, the consideration, or sum paid for it, and a description of it; and in express words grants and conveys all the interest of the seller or grantor to the purchaser and his heirs forever: and the seller affixes his name and seal to the instrument, usually in the presence of one or more subscribing witnesses.
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