BARGAIN AND SALE
\bˈɑːɡɪn and sˈe͡ɪl], \bˈɑːɡɪn and sˈeɪl], \b_ˈɑː_ɡ_ɪ_n a_n_d s_ˈeɪ_l]\
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In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by Preston,) 221. A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 Washb. Real Prop. 128; Brittin v. Freeman, 17 N. J. Law, 231; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct. 210, 28 L. Ed. 198; Love v. Miller, 53 Ind. 296, 21 Am. Rep. 192; Slifer v. Beates, 9 Serg. & R. (Pa.) 176. The expression "bargain and sale" is also applied to transfers of personalty, In cases where there Is first an executory agreement for the sale, (the bargain,) and then an actual and completed sale. The proper and technical words to denote a bargain and sale are "bargain and sell;" but any other words that are sufficient to raise a use upon a valuable consideration are sufficient. 2 Wood. Conv. 15; Jackson ex dem. Hudson v. Alexander, 3 Johns. 484, 3 Am. Dec. 517.
By Henry Campbell Black
Conveyancing, contracts. A contract in writing to convey lands to another person; or rather it is the sale of a use therein. In strictness it is not an absolute conveyance of the seizin, as a feoffment. Watk. Prin. Conv. by Preston, 190, 191. The consideration must be of money or money's worth. Id. 237.
In consequence of this conveyance a use arises to a bargainee, and the statute 27 Henry VIII. immediately transfers theËœ20legal estate and possession to him.
The proper and technical words of this conveyance are bargain and sale, but any other words that would have been sufficient to raise a use, upon a valuable consideration, before the statute, are now sufficient to constitute a good bargain and sale. Proper words of limitation must, however, be inserted. Cruise Dig. tit. 32, c. 9; Bac. Ab. h. t. Com. Dig. h. t.; and the cases there cited; Nels. Ab. h. t. 2 Bl. Com. 338.
This is the most common mode of conveyance in the United States. 4 Kent, Com. 483; 3 Pick. R. 529; 3 N. H. Rep. 260; 6 Harr. & John. 465; 3 Wash. C. C. Rep. 376; 4 Mass. R. 66; 4 Yeates, R. 295; 1 Yeates, R. 828; 3 John. R. 388; 4 Cowen's R. 325; 10 John. R. 456, 505; 3 N. H. Rep. 261; 14 John. R. 126; 2 Harr. & John. 230; 2 Bouv. Inst. n. 207 7 8.
By John Bouvier
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