Explain Indenture and Cyrographum in relation of a deed.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
Explain Indenture and Cyrographum in relation of a deed.
Answer & Explanation:
Indenture Indenture are those deeds in which there are two or more parties. It is written in duplicate upon one piece of parchment and two parts were severed so as to leave an indented or vary edge, forging being then, rendered very difficult. Indentures were so called as at one time they were indented or cut with uneven edge at the top. In olden times, the practice was to make as many copies or parts as they were called, of the instruments as they were parties to it, which parts taken together formed the deed and to engross all of them of the same skin of parchment. This practice of indenting of deeds is no more used in England and at present indenture means a deed between two or more persons / parties importing the meaning of executed contract of conveyancing. Cyrographum This was another type of indenture in olden times. The word "Cyrographum" was written between two or more copies of the document and the parchment was cut in a jagged line through this word. The idea was that the difficulty of so cutting another piece of parchment that it would fit exactly into this cutting and writing constituted a safeguard against the fraudulent substitution of a different writing for one of the parts of the original.
Topics: Drafting of Deeds
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