This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
In most of the states of this country there are statutory provisions authorizing the transfer of land by simple forms of conveyance,58 which, in their operation, much resemble the common-law "grant," except that they are not confined to incorporeal things. The same purpose of simplification of conveyancing has in England been attained by a statute providing that all corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant, as well as in livery.59 Conveyances by way of bargain and sale have, however, been in frequent use in this country,60 and, even in states where there are statutory provisions of the character referred to, the words "bargain and sell" are ordinarily used in a conveyance. In such states, in fact, it is difficult, and for most, if not all, purposes, unimportant, to say r>8. 1 Stimson's Am. St. Law, S 1480-1*82. And see particularly the thorough discussion of the local law of the different states in this regard by Professor John R. Rood, in 4 Mich. Law Rev. 109.
54. Young v. Ringo, 1 T. B. Mon. (Ky.) 30; Spalding v. Hal-lenbeck, 30 Barb. (N. Y.) 292.
55. Stonley y. Bracebridge, 1 Leon. 6; Exum v. Canty, 34 Miss. 533; Castleton v. Langdon, 19 Vt. 210.
56. Barker v. Keate, 2 Mod. 253.
57. Sugden's Gilbert on Uses, 91; Arnold v. Estis, 92 N. C. 162; Thompson v. Thompson, 17 Ohio St. 649.
59. "Real-Property Act," St. 8 & 9 Vict. c. 106, Sec. 2 (A. D. 1845).
60. See Pascault v. Cochran (C. C.) 34 Fed. 358; Givan v. Tout, 7 Black'f. (Ind.) 210; Nelson v. Davis, 35 Ind. 474; Chiles v. Con-ley's Heirs, 2 Dana (Ky.) 21; Sanders v. Hartzog, 6 Rich. (S. C.) 479; Holland v. Rogers, 33 Ark. 251; Stewart v. Stewart, 171 Ala. 485, 54 So. 604; Bronston's Adm'r whether a particular conveyances operates by force of the Statute of Uses or under the local statute. In order, however, that a conveyance be regarded as taking effect by way of bargain and sale, it must, as was before stated, be supported by a valuable consideration, either actual or expressed.61
Conveyances by way of covenant to stand seised have been recognized in this country,62 but, since a consideration of blood or marriage is necessary,63 there is but little opportunity for their employment. Even when the proper consideration does exist, a conveyance in form under the local statute, or by way of bargain and sale, with a recital of a pecuniary consideration, would usually be employed.
Conveyances by lease and release have never been employed to any extent in this country, since the Statute of Enrollments, which constituted the reason for their use in England, is not in force here.