This section is from the book "Popular Law Library Vol6 Real Property, Abstracts, Mining Law", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The requisites of a deed were thus enumerated by Lord Chief Justice Coke;
"This word (deed) in the understanding of the common law is an instrument written in parchment or paper, whereunto ten things are necessarily incident; viz.; First, writing. Secondly, in parchment or paper. Thirdly, a person able to contract. Fourthly, by a sufficient name. Fifthly, a person able to be contracted with. Sixthly, by a sufficient name. Seventhly, a thing to be contracted for. Eighthly, apt words required by law. Ninthly, sealing. And tenthly, delivery. A deed cannot be written upon wood, leather, cloth, or the like, but only upon parchment or paper, for the writing upon them can be least vitiated, altered, or corrupted." 2
1 See statutes of the several states.
2 Coke's Institutes, Vol. II, p. 232.
This enumeration is substantially correct at the present time.
 
Continue to: