Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/325

 Ch. 20. delivering it up to be cancelled; that is to have lines drawn over it, in the form of lattice work or cancelli; though the phrae is now ued figuratively for any manner of obliteration or defacing it. 4. By the diagreement of uch, whoe concurrence is neceary, in order for the deed to tand: as, the huband, where a feme covert is concerned; an infant, or peron under dures, when thoe difficulties are removed; and the like. 6. By the judgment or decree of a court of judicature. This was antiently the province of the court of tar-chamber, and now of the chancery: when it appears that the deed was obtained by fraud, force, or other foul practice; or is proved to be an abolute forgery. In any of thee caes the deed may be voided, either in part or totally, according as the caue of avoidance is more or les extenive.

, having thus explained the general nature of deeds, we are next to conider their everal pecies, together with their repective incidents. And herein I hall only examine the particulars of thoe, which, from long practice and experience of their efficacy, are generally ued in the alienation of real etates: for it would be tedious, nay infinite, to decant upon all the everal intruments made ue of in peronal concerns, but which fall under our general definition of a deed; that is, a writing ealed and delivered. The former, being principally uch as erve to convey the property of lands and tenements from man to man, are commonly denominated conveyances: which are either conveyances at common law, or uch as receive their force and efficacy by virtue of the tatute of ues.

I. conveyances by the common law, ome may be called original, or primary conveyances; which are thoe by means whereof the benefit or etate is created or firt aries: others are derivative or econdary; whereby the benefit or etate, originally created, is enlarged, retrained, transferred, or extinguihed. Rh