Thursday, April 17, 2014

Court Cases

For one who's frequently confused about the legal system, the course "History and the Law" has been a challenge. I am trying to learn all that I can for my next midterm & processing documents that I have already seen.

John Buck signed an indenture with his (uncle?) Moses Donaldson. Tonight, I found the meaning in Bouvier's Legal Dictionary (1856):

INDENTURE, conveyancing. An instrument of writing containing a conveyance or contract between two or more persons, usually indented or cut unevenly, or in and out, on the top or, side.
2. Formerly it was common to make two instruments exactly alike, and it was then usual to write both on the same parchment, with some words or letters written between them, through which the parchment was cut, either in a straight or indented line, in such a manner as to leave one-half of the word on one part, and half on the other. The instrument usually commences with these words, "This indenture," which were not formerly sufficient, unless the parchment or paper was actually indented to make an indenture 5 Co. 20; but now, if the form of indenting the parchment be wanting, it may be supplied by being done in court, this being mere form. Besides, it would be exceedingly difficult with even the most perfect instruments, to out parchment or paper without indenting it. Vide Bac. Ab. Leases, &c. E 2; Com. Dig. Fait, C, and note d; Litt. sec. 370; Co. Litt. 143 b, 229 a; Cruise, Dig t. 32, c. 1, s. 24; 2 Bl. Com. 294; 1 Sess. Cas. 222.


I haven't checked to see if there was really an indenture on the land records.

1 comment:

  1. Jenna,

    I want to let you know that your blog is listed in today's Fab Finds post at http://janasgenealogyandfamilyhistory.blogspot.com/2014/08/follow-friday-fab-finds-for-august-15.html

    Have a wonderful weekend!

    ReplyDelete