Innocent Conveyances

Innocent conveyances, a covenant to stand seized; a bargain and sale; and release; so called because, since they convey the actual possession by construction of law only, they do not confer a larger estate in property than the person conveying possesses, and therefore, if a greater interest be conveyed by these deeds than a person has, they are only void, pro tanto, for the excess. But a feoffment of such larger estate was a tortious conveyance, and therefore, under such circumstances, would have been void altogether, and produced a forfeiture. But by the 4th section of the Real Property Act, 1845 (8 & 9 Vict. c. 106), a feoffment made after October 1st, 1845, shall not have any tortuous operation. It is, therefore, an innocent conveyance.