英文法律词典 G-15

GRANDCHILDREN, domestic relations. The children of one's children. Sometimes these may claim bequests¹ given in a will to children, though in general they can make no such claim. 6 Co. 16.

GRANDFATHER, domestic relations. The father of one's father or mother. The father's father is called the paternal² grandfather; the mother's father is the maternal³ grandfather.

GRANDMOTHER, domestic relations. The mother of one's father or mother. The father's mother is called the paternal grandmother; the mother's mother is the maternal grandmother.

GRANT, conveyancing, concessio. Technically⁴ speaking, grants are applicable to the conveyance⁵ of incorporeal⁶ rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied⁷ 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 tenant⁸ 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 vassal⁹ existing under the feudal¹¹ tenures., The tenant could not alien the feud¹⁰ 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; Perk¹². 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 concession¹³, 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 covenant¹⁴ that the grantor was seised of an estate in fee, freed from encumbrances¹⁶ done or suffered by him, and for quiet enjoyment¹⁷ as against all his acts. These words do not amount to a general warranty¹⁸, but merely to a covenant that the grantor has not done any acts nor created any, encumbrance¹⁵, 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. Rev¹⁹. Stat, ch. 31, s. 1; 11 S. & R. 109.