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Updated: June 6, 2025
A few years later, it was decided that the heir could maintain debt, /2/ and in Henry VII.'s reign the remedy was extended to the devisee, /3/ who, as has been remarked above, seemed more akin to the heir than a grantee, and was more easily likened to him.
In some states, if the grantor be a married man, his wife must sign the deed with him. This should be seen to, for without the wife's signature the grantee will not have a clear title, for the woman could still claim an interest in the property equal to her dower right. Also, if the grantor is a woman, her husband, for the reasons given, should join with her in the execution of the deed.
Samuel Tilley came to New Brunswick with the spring fleet, which arrived in St. John in May, 1783, and was a grantee of Parrtown, which is now the city of St. John. He erected a house and store on King Street, on the south side, just to the east of Germain, and there commenced a business which he continued for several years. He died at St. John in the year 1815.
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.
Joshua Mauger, the other non-resident grantee to whom reference has been made, was an English merchant who came to America as a contractor under government for furnishing supplies to the army at Louisbourg. When Cape Breton was restored to France, in 1749, Louisbourg was evacuated and Mauger came with the troops to Halifax.
By the grant of an easement, the grantee acquires no other right than what is necessary to the fair enjoyment of the privilege. If it is a mere personal right, it can be enjoyed only by the owner of the right, and when he dies, the right dies with him. But a right of way belonging to an estate may be conveyed when the land is sold.
The importance of this circumstance lies in the working of the law of warranty upon other covenants which took its place. When the old actions for land gave way to more modern and speedier forms, warrantors were no longer vouched in to defend, and if a grantee was evicted, damages took the place of a grant of other land.
The imperfection too of oral, as compared with written, testimony necessitates the multiplication of the witnesses and assistants beyond what in later times would be reasonable or intelligible limits. The Roman Mancipation required the presence first of all of the parties, the vendor and vendee, or we should perhaps rather say, if we are to use modern legal language, the grantor and grantee.
A fictitious list of Readers goes back to the reign of Edward III., but will not bear critical examination. The lawyers paid a rent of £6 13s. 4d. to Henry VIII., and this charge passed into private hands by grant of Charles II. The lawyers bought it from the heir of the first grantee, and since 1733 have enjoyed the Inn rent-free.
The obligations were various, according to the conditions on which the lands had been granted, but they always involved military service on the part of the grantee, and protection on the part of the grantor.
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