Quitclaim deed

“ Every erasure and interlineation in the deed, by the obligee or appointee, without consent, is a surrender; and a revocation may be implied by law. The passage cited at the bar, from Co. Lit. 232. (a.) establishes, that if the feoffee, by deed of land, grants his deed by parol to the feoffor, it is a surrender of the property, as well as of the deed. And if, in this case, the deed of appointment had been delivered up to the Collector, it would, at once, have operated as a surrender by the Deputy, and a revocation by the Collector. ”

“ But turn to the deed [pulls out an immeasurable parchment] , for the will is of no force if I please, for he was not capable of making one after the former—as I managed it; upon which account I now wait upon my lady. By the way, do you know the true meaning of the word, a deed?
Clerk. Ay, sir; a deed is as if a man should say the deed.
Puz. Right. 'Tis emphatically so-called because after it all deeds and actions are of no effect, and you have [Pg 24] nothing to do but hang yourself, the only obliging thing you can then do——But I was telling you the use of tautology. ”

“ A man may have to pay damages, may be sent to prison, at common law might be hanged, if at the time of his act he knew facts from which common experience showed that the consequences would follow, whether he individually could foresee them or not. But, when words are used exactly, a deed is not done with intent to produce a consequence unless that consequence is the aim of the deed. ”

“ So the sealed writing was final too, and a man could not deny his own deed. We still say that he cannot, but with modern refinements. Thus the deed, being allowed as a solemn and probative document, furnished a means by which a man could bind himself, or rather effectually declare himself bound, to anything not positively forbidden by law. ”

“ We quit business, give up property, resign office, abandon a habit or a trust. Relinquish commonly implies reluctance; the fainting hand relinquishes its grasp; the creditor relinquishes his claim. Abandon implies previous association with responsibility for or control of; forsake implies previous association with inclination or attachment, real or assumed; a man may abandon or forsake house or friends; he abandons an enterprise; forsakes God. Abandon is applied to both good and evil action; a thief abandons his designs, a man his principles. ”

“ Yet a good deed is lost, if a man covet by it to have of man, riches, or position, or honours or any worldly good. Yet through sin defiling, the good deed is lost; and here-unto accords Holy Writ that says, "who sinneth in one thing, loses many good things," which is, "he that in a deadly thing sins, he loses many goods," save he amend him with shrift, and do penance therefor. ”

“ The legatees starve, but the lawyers are fed;
The Seniors have riches, the Juniors have bread;
The available surplus of course will be nil,
From the worthy testator who makes his own will.
“You had better pay toll when you take to the road,
Than attempt by a by-way to reach your abode;
You had better employ a conveyancer’s hand,
Than encounter the risk that your will shouldn’t stand.
From the broad beaten track when the traveler strays,
He may land in a bog, or be lost in a maze;
And the law, when defied, will avenge itself still,
On the man and the woman who make their own will.” ”

“ Can there be duties to one's self, which are of absolute obligation? Duties are dues, and they imply two parties,—one who owes them, and one to whom they are due,—the debtor and the creditor. But the creditor may, at his will, cancel the debt, and release the debtor. In selfward duties, then, why may I not, as creditor, release myself as debtor? Why may I not—so long as I violate no obligation to others—be, at my own pleasure, idle or industrious, self-indulgent or abstinent, frivolous or serious? Why, if life seem burdensome to me, may I not relieve myself of the trouble of living? ”

“ A most careful search had been made for the missing quit-claim deed, and without it, it was rumored, the court proceedings must soon come to an end, with the eviction of the college authorities from the ground in dispute. ”

“ Far away back, in some ancient record, the lynx-eyed practitioner has lighted upon the trail: step by step he advances, fortifying himself at every pause, until the prize is full in view, and the filing of a bill or the service of a writ informs the unsuspecting victim that his all is at stake; destroying in one moment the whole security of his life, and entangling him in a maze of litigation, to endure possibly for years, and too probably to leave him, even if successful, an impoverished and broken-hearted man. In these days of iron and steam, there is nothing romantic but the law. ”

“ We are not only going behind with our rent every day by omissions of duty and in duty, but are daily incurring the penalty of the law, as well as the forfeiture of our bond, by our commissions. Every day adds to the score of our guilt, and it is a miracle of mercy that we have so much encouragement given us to come every day to the throne of grace, to pray for the pardon of our sins of daily infirmity. ”

“ And supposing that a perverse and subtle ingenuity in his legal advisers could have devised means for delaying his surrender of the property to the individual who had been solemnly declared its true owner, what real and ultimate advantage could have been obtained by such a dishonorable line of conduct? Could the spirit of the Christian religion tolerate the bare idea of it? Could such purposes or intentions consist for one instant with the consciousness that the awful eye of God was always upon every thought of his mind, every feeling of his heart, every purpose of his will? ”

“ When he shall be judged, let him be found guilty, and let his prayer become sin. Let his days be few, and let another take his office. Let his children be fatherless, and his wife a widow. Let his children wander about and beg, and seek food far from their desolate places. Let the creditor catch all that he hath, and strangers rob the fruit of his industry. ”

“ If a man has done anything unintentionally, or through necessity, or by accident, which men would not be excused for doing if they did it of their own accord and intentionally, by way of deprecating punishment for the action he should implore pardon and indulgence, founding his petition on many topics of equity. ”

“ I wish to be responsible for my actions to no one, to cut away the right of controlling and rebuking me which you have exercised so freely and so offensively. When I was living on an allowance from you, you then had some right over me; when I live on my own earnings, you will have none. ”

“ To remove all temptation to dishonesty, and to give as few opportunities as possible to the indulgence of evil propensities, is as much the duty of those who possess, and wish to preserve their property, as obedience to the law, which forbids to steal, is the duty of those who may be tempted to deprive them of it. ”

“ I might have so framed this my will as to have made idleness operate to forfeit the interests hereby conferred on my sons, or other young men, in my property, but I foresee that such a provision might, in some cases, work hardships, and I prefer to hope and to trust, as I do, that no son of mine, and no other young man who may, under this my will, succeed to the enjoyment of any property of mine, will so disregard my views herein expressed as to lead the life I so strongly deprecate. ”

“ To cancel old wills, and invent new ones, is at last the sole business of such a testator’s existence; and relations and friends (some of whom have been bred up distinctly to inherit a large share of the property and have been, from their cradles, especially disqualified from devoting themselves to any useful pursuit, on that account) are so often and so unexpectedly and summarily cut off, and reinstated, and cut off again, that the whole family, down to the remotest cousin, is kept in a perpetual fever. ”

“ And, in like fashion, you and I, with all our strenuous efforts, which we are bound to make, and which there is joy in making, after these lower good things that correspond to our efforts, find that we have no coinage that will buy the good things of the kingdom of heaven, without which we faint and die. For them our efforts are useless. Can a man by his penitence, by his tears, by his amendment, make it possible for the consequences of his past to be obliterated, or all changed in their character into fatherly chastisement? ”

“ Renunciation means the power of unceasing work for the good of all, work which cannot fail, because wrought by the Supreme Worker through His servant.
If you are engaged in any true work of charity, and your means are limited and the wealth does not flow into your hands, what does it mean? It means that you have not yet learnt the true renunciation. You are clinging to the visible, to the fruit of action, and so the wealth does not pour through your hands. ”

“ No man will do so now, dear father, no one but knows you did all you could to avert the calamity, and when it came, surrendered all your property to meet the demands of your creditors. You did all that an honest man should do, father ”

“ Out of these twofold rights, of the right of revenge and the right of property, arose that strange medley of forbearance and blood-thirstiness which stamps the age. Revenge was a duty and a right, but property was no less a right ”

“ Then we feel that every gratification of our wishes won from the world is merely like the alms which the beggar receives from life to-day that he may hunger again on the morrow; resignation, on the contrary, is like an inherited estate, it frees the owner for ever from all care. ”

“ I will be under no obligations to one who can thus heartlessly cast me off. He disowns me—does he? Let it be. Never will I sue for a favor again at any of their hands. From this day forth they shall be to me as the dead.”
Shall we follow him through his career of subsequent desperation and eventual profligacy, or shall we at once draw to a close? ”

“ Finally, our sense of deliverance in the Trial Scene cannot hinder a touch of compunction for the crushed plaintiff, as he appeals against the hard justice meted out to him:—the loss of his property, the acceptance of his life as an act of grace, the abandonment of his religion and race, which implies the abandonment of the profession by which he makes his living. ”

“ The last statement in your Excellency’s letter was, that neither capital punishment nor bloodshed is demanded in order to compensate for the wrong done to the Church, but that the offenders must be deprived of the possessions which they most fear to lose. But in my deliberate judgment, though, of course, I may be mistaken, it is a more grievous thing to be deprived of one’s property than to be deprived of life. ”

“ Why was the host (victim predestined) sad?
He wished that a tale of a deed should be told of a deed not by him should by him not be told. ”

“ Opulence has two ways of this grosser sort, by which it may enable its possessor to command the man below him,—punishment and reward. As the holder, for example, of a large landed estate, or the administrator of an ample income, may punish the man who shews himself refractory to his will, so he may also reward the individual who yields to his suggestions. ”

“ The suspecting, the taking it for granted that your name is down in the will, is sufficient provocation to have it struck out; the hinting at an obligation, the consciousness of it on the part of the testator, will make him determined to avoid the formal acknowledgment of it, at any expense. The disinheriting of relations is mostly for venial offences, not for base actions: we punish out of pique, to revenge some case in which we have been disappointed of our wills, some act of disobedience to what had no reasonable ground to go upon ”

“ I who counted upon my good fortune to discharge the recompense of thy services, find myself still waiting for advancement, while thou, before the time, and contrary to all reasonable expectation, seest thyself blessed in the fulfillment of thy desires. Some will bribe, beg, solicit, rise early, entreat, persist, without attaining the object of their suit; while another comes, and without knowing why or wherefore, finds himself invested with the place or office so many have sued for; and here it is that the common saying, ‘There is good luck as well as bad luck in suits,’ applies. ”

“ If a man dies without leaving a will, then all his property goes to the nearest villain; but, if a man dies and leaves a will, then all his property goes to whoever can get possession of that will. Here are the raw materials of dramatic litigation enough to hold the Stage for a century; and ill would it fare with the [48] embarrassed playwright if a mechanical process of law were substituted for the strange possibilities of Will-making, with its startling caprices, its incalculable miscarriages, and its eventual triumph of injured innocence. Then again, as to Fiction. ”

“ Suppose a man of property dies and leaves a will, what troubles are possible about the disposal of his property? Suppose he leaves no will, what troubles are possible? Whose duty is it to exercise control over such matters and hold people up to legal and honourable conduct in them? ”

“ Conditions of the kind are inherent in the very nature of the undertaking, and salvors, in consideration of the large reward allowed to them for their services, are required to be vigilant in preventing, detecting, and exposing every act of plunder upon the property saved, for the reason that the right to salvage compensation presupposes good faith, meritorious service, complete restoration, and incorruptible vigilance, so far as the property is within the reach or under the control of the salvors. ”

“ Should one of their families stand before a Judge of his country, charged with a crime which is likely to cost him his life, or to transport him, every article of value is sacrificed to save him from death, or apprehended banishment. ”