tainted of felony, yet he hath capacity to purchase to him and his heirs; but he cannot hold it, for in that case the king shall have it by his prerogative, and Pimb's Case, not the lord of the fee, because a man attainted has no capacity to purchase; being civiliter mortuus, except for the benefit of the king. Tit. 11. c. 3. 41. A married woman may be grantee in a deed 1 Inst. 3 a. made by a stranger, without the consent of her husband; who may however disagree thereto, and devest the whole estate. If he neither agree nor disagree, the purchase is good. After the death of the husband, although he agreed thereto, yet the wife may, without any cause alleged, waive the same; and so may her heirs, if after the decease of her husband, she herself agreed not. 42. A wife cannot by the common law be the Idem, 112 a. immediate grantee of her husband; but she may take an estate from him through the medium of the statute $28. infra, c. 13. to charitable of uses. Thus a man may covenant with others to Tit. 11. c. 3. stand seised to the use of his wife; or make a feoffment, or other conveyance, to the use of his wife. 43. In consequence of the several statutes against Conveyances mortmain, all corporations, whether lay and civil, or Uses. religious and eleemosinary, have for a long time been incapable of taking lands by deed, without licence 7 & 8 Wm.3. from the Crown.* But as these statutes did not extend to charitable uses, lands might still be given for the maintenance of a school, hospital, or other purpose of that nature. 44. It was therefore enacted by the statute 9 Geo. II. c. 36. that no lands or tenements, or money to be laid out thereon, shall be given for, or * Sir W. Blackstone says, that even a licence from the Crown is not in all cases sufficient. 1 Comm. 479. c. 37. charged with, any charitable use whatever, unless by deed indented, executed in the presence of two witnesses, twelve months before the death of the donor, and enrolled in the Court of Chancery within six months after its execution; and unless such gifts be made to take effect immediately, and be without power of revocation. And that all other Case, 2 Cox gifts shall be void. Vide High more on Mortmain. R. 301. 2o Consideration. 308. Bac. Read. 13. Year Book, Trin. 45. The two universities, their colleges, and the colleges of Eaton, Winchester, and Westminster, are excepted out of this act. With this proviso, that no college shall be at liberty to purchase more advowsons than are equal in number to one moiety of the fellows and students upon their respective foundations. 46. At common law a consideration was not essentially necessary to the validity of a deed. Thus in Plowden it is said arguendo that, by the law of England, there were two ways of making contracts for lands or chattels; the one by words, the other by writing and because words were often spoken inadvisedly, and without deliberation, the law had provided that a contract by words should not bind without consideration. But where the agreement was by deed, there was more time for deliberation for which reason deeds were received as a lien final to the party, and were adjudged to bind him, without examining upon what cause or consideration they were made. 47. Thus, in 17 Edw, IV. where a person promised 17 Ed.4.4 b. by deed to give another twenty pounds, it was held that an action of debt lay upon the deed; and that the consideration was not examinable; for in the 3 Burr. 1670. deed there was a sufficient consideration, namely, the will of the party who made the deed. A doctrine which has been assented to in modern times. 7 Term R. 350, note. 48. It should however be observed, that though a deed entered into without any consideration is valid at law, between the parties; yet in many cases it is void as to strangers. It may therefore be laid down infra, c. 26. generally that a consideration is necessary to render a deed valid against all persons. 49. The Court of Chancery will not lend its aid to carry a deed into execution, unless it is supported by some consideration. For "equity is remedial Treat. of Eq. B. 1. c. 5. § 2. only to those who come in upon an actual consideration. So that although a voluntary conveyance, which is good in law, is sufficient likewise in equity; Osgood v. yet a voluntary defective conveyance, which cannot Wms. 245. operate at law, is not helped in equity, in favour of 1 Ves. Jun. a bare volunteer; where there is no consideration Vide infra. expressed or implied." Stroud, 2 P. 54. c. 26. Treat. of Eq. 50. There must be not only a consideration in equity, as a motive for relief, but it must be a stronger consideration than what is on the other side. For if it is only equal, then the balance will incline neither way, and the Court will not interfere. 51. Thus where there are two conveyances, without Goodwin v. Goodwin, consideration, of the same lands; the Court of Chan- 1 Cha. R. cery will not relieve the latter against the former: 173. so that in such case he who has the legal estate will hold it. 52. There are some deeds deriving their effect from the statute of uses; namely, a bargain and sale, & 10. and a covenant to stand seised to uses; to the first infra, c. 9. of which a pecuniary consideration, and to the second a good consideration, is absolutely necessary; otherwise they are void. Kinds of. 53. Considerations are of two kinds, civil and Different moral: The first, which is usually called a valuable consideration, is money, or any other thing that bears a known value. Marriage also forms a valuable consideration. The second, which is called a good consideration, arises from an implied obligation; such as that which subsists between a parent and child, for children are considered in equity as creditors, claiming a debt, founded on the moral obligation of the parent to provide for his child. The love and affection which a man is naturally supposed to bear to his brothers and sisters, nephews and nieces, and heirs at law; and the desire of preferring and preserving his name and family, are also held to be good considerations. 54. The payment of a man's debts is deemed a good consideration; as every man is under a moral obligation of satisfying his lawful creditors. 55. It should however be observed, that considerations against the policy of the law, the principles of justice, or the rules of morality, are utterly void: it infra, ch. 25. being a rule both of law and equity, ex turpi contractu B. 1. c. 5. § 1. actio non oritur. Treat. of Eq. 56. A consideration is either express or implied. An express consideration is where the motive or inducement of the parties to a deed, is distinctly declared. A consideration is implied, where an act is done or forborne at the request of another, without any express stipulation; in which case the law presumes an adequate compensation for the act of forbearance, to have been the inducement of the one party, and the undertaking of the other. 3° Writing. 57. The third circumstance necessary to a deed is, that it be written or printed; although it may be in 1 Inst. 229 a. any language or character whatever. It must be written on paper or parchment; for if it be written on stone, board, linen, leather, or the like, it is no deed. Wood and stone may be, says Sir W. Blackstone, 2 Comm. more durable, and linen less liable to erasures; but 297. writing on paper or parchment unites in itself, more perfectly than in any other way, both these desirable qualities; for there is nothing else so durable, and at the same time so little liable to alterations. 58. All the matter and form of a deed must be Touch. 54. written before the sealing and delivery of it. For if a man seals and delivers an empty piece of parchment er paper, though he at the same time give directions that an agreement shall be written above, which is accordingly done, yet it is not a good deed. 59. A deed of revocation, and a new settlement Paget v. made by that deed; though after the sealing and Paget, 2 Cha. execution thereof, blanks were filled up, and not read again to the party, or resealed and executed; was held good. R. 187. Stainp. 411. 60. A deed must also have the regular stamps A proper required by the several statutes made for that purpose; otherwise it cannot be given in evidence, It should however be observed, that the laws which require Fearne's all deeds to be stamped, do not prevent their legal Post. Works,' effect and operation, but only suspend their being pleaded, or given in evidence, or admitted in any court to be good, useful, or available, till the duty and penalty be paid, and the deed be properly stamped. The omission of the stamps in the first instance is therefore immaterial, if the deed be afterwards duly stamped. Words. 61. The fourth circumstance necessary to a deed 4 Sufficient is, that there be words sufficient to specify the agreement, and bind the parties, legally and orderly set forth that is, there must be words sufficient to signify the terms and conditions of the agreement, |