Grant
| v. t. | 1. | To give over; to make conveyance of; to give the possession or title of; to convey; - usually in answer to petition. |
| 2. | To bestow or confer, with or without compensation, particularly in answer to prayer or request; to give. | |
| 3. | To admit as true what is not yet satisfactorily proved; to yield belief to; to allow; to yield; to concede. | |
| v. i. | 1. | To assent; to consent. |
| n. | 1. | The act of granting; a bestowing or conferring; concession; allowance; permission. |
| 2. | The yielding or admission of something in dispute. | |
| 3. | The thing or property granted; a gift; a boon. | |
| 4. | (Law) A transfer of property by deed or writing; especially, an appropriation or conveyance made by the government; |
Grant - GRANT, conveyancing, concessio. Technically speaking, grants are applicable
to the conveyance of incorporeal rights, though in the largest sense, the
term comprehends everything that is granted or passed from one to another,
and is applied to every species of property. Grant is one of the usual words
in a feoffment, and differs but little except in the subject-matter; for the
operative words used in grants are dedi et concessi, "have given and
granted."
2. Incorporeal rights are said to lie in grant and not in livery, for
existing only in idea, in contemplation of law, they cannot be transferred
by livery of possession; of course at common law, a conveyance in writing
was necessary, hence they are said to be in grant, and to pass by the
delivery of the deed.
3. To render the grant effectual, the common law required the consent
of the tenant of the land out of which the rent, or other incorporeal
interest proceeded; and this was called attornment. (q. v.) It arose from
the intimate alliance between the lord and vassal existing under the feudal
tenures., The tenant could not alien the feud without the consent of the
lord, nor the lord part with his seigniory without the consent of the
tenant. The necessity of attornment has been abolished in the United States.
4 Kent, Com. 479. He who makes the grant is called the grantor, and he to
whom it is made the grantee. Vide Com. Dig. h. t.; 14 Vin. Ab. 27; Bac. Ab.
h. t. 4 Kent, Com. 477; 2 Bl. Com. 317, 440; Perk. ch. 1; Touchs. c. 12; 8
Cowen's R. 36.
4. By the word grant, in a treaty, is meant not only a formal grant,
but any concession, warrant, order, or permission to survey, possess or
settle; whether written or parol, express, or presumed from possession. Such
a grant may be made by law, as well as by a patent pursuant to a law., 12
Pet. R. 410. See, generally, 9 A. & E. 532; 5 Mass. 472; 9 Pick. 80.
GRANT, BARGAIN, AND SELL. - By the laws of the states of Pennsylvania, Delaware, Missouri, and Alabama, it is declared that the words grant, bargain, and sell) shall amount to a covenant that the grantor was seised of an estate in fee, freed from encumbrances done or suffered by him, and for quiet enjoyment as against all his acts. These words do not amount to a general warranty, but merely to a covenant that the grantor has not done any acts nor created any, encumbrance, by which the estate may be defeated. 2 Binn. R. 95 3 Penna. R. 313; 3 Penna., R. 317, note; 1 Rawle, 377; 1 Misso. 576. Vide 2 Caines R. 188; 1 Murph. R. 343; Id. 348; Ark. Rev. Stat, ch. 31, s. 1; 11 S. & R. 109.
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