GIVE - The Law Mind Legal Dictionary

GIVEAuthored

The Law Mind • 1175 words

Definition

A term of legal art appearing most prominently in deeds of conveyance and instruments of transfer, carrying distinct consequences depending on context.

In real property conveyancing: To transfer an interest in real property to another. At common law, the word "give" appearing in a deed of conveyance was not merely descriptive — it carried operative legal weight, implying a covenant for quiet enjoyment running with the grant.

In gift and gratuitous transfer: To transfer property or a right to another without consideration — that is, without receiving anything of value in return. This is the sense closest to ordinary usage, and it distinguishes "give" from "sell," which connotes transfer for valuable consideration.

In procedural and relational contexts: To furnish, supply, or extend something as required by law or agreement. Includes giving bail or security (furnishing a legal obligation), giving time to a debtor (forbearing to sue, extending the period for payment), and giving color (admitting an apparent right in another for purposes of pleading).

In regulatory contexts: To supply or provide something to another person, where the act of provision itself has legal significance regardless of consideration — as in giving liquor to a minor, where the transfer creates liability whether or not payment is involved.

Common Language

Modern common usage (Wiktionary): To transfer possession of something to someone — whether as a gift, a pledge, or in exchange. The word broadly covers movement of something from one party to another, with or without return.

Historical common usage (Webster's 1913): "To bestow without receiving a return; to confer without compensation; to impart, as a possession; to grant, as authority or permission." Webster's also acknowledges a secondary commercial sense: to yield possession in exchange for something, as in paying.

The gap matters. In ordinary English, "give" most naturally suggests a gratuitous transfer — a gift. In law, "give" in a deed does not necessarily mean the transfer was without consideration; it is an operative word of conveyance that triggers implied covenants regardless of what consideration passed. Conversely, in gift law, "give" does mean gratuitous transfer, and that gratuitousness is essential to the legal classification. Researchers must read the word in context: its function in a deed differs structurally from its function in gift doctrine.

Common Confusion

"Give" and "sell" are sometimes treated as interchangeable in informal instruments, but the historical sources are uniform in rejecting this equivalence. To sell imports valuable consideration; to give imports either gratuitous transfer or, in a deed context, a particular implied warranty. The confusion matters most in older documents where the choice of operative word determined the implied covenants the grantor was bound by.

Recognized Forms

/SUBTYPES

Give and grant: A common pairing in deeds of conveyance. "Grant" carried its own implied covenant; combining the two words was standard practice in many jurisdictions to ensure both covenants attached.

Give bail: A procedural usage meaning to furnish a surety or bond as required by court order or statute. The "giving" here is not a gift but an act of legal compliance.

Give color: A pleading device by which a defendant admits that the opposing party appears to have a right, in order to set up a technical defense. No property changes hands; "give" operates rhetorically and legally to structure the pleading.

Give time: In creditor-debtor law, a creditor's agreement to extend the payment period, which may affect the rights of sureties and co-obligors.

Why It Matters in Research

The primary research trap with "give" is the implied covenant problem in historical conveyancing. When reading pre-modern deeds, the presence of "give" as an operative word was not neutral — it triggered implied covenants for quiet enjoyment in many jurisdictions, but not all. The historical dictionaries make clear that the jurisdictional variation was significant and was already recognized as a research problem in the nineteenth century. A deed from Ohio, Maine, New York, Kentucky, Maryland, or Alabama each carried different consequences from the same word. Researchers working with historical land records must identify the jurisdiction and the applicable rule before drawing conclusions about what covenants the instrument created.

The second trap is anachronism in gift law. Modern gift doctrine requires intent to give gratuitously, delivery, and acceptance. Earlier sources use "give" in a broader sense that does not always map onto this tripartite test. When historical sources discuss what it means to "give" property, they may not be addressing the formal elements of a completed gift as modern law understands them.

The third trap is the regulatory usage. In licensing and regulatory contexts — alcohol, firearms, controlled substances — statutory language often uses "give" to capture transfers that would not be gifts in the doctrinal sense, specifically to prevent evasion by characterizing a transaction as a sale rather than a gift. Researchers working in regulatory compliance history should not assume that the gift-law definition of "give" controls in a licensing statute.

Anderson's Dictionary is particularly useful for the multi-sense breakdown, offering five distinct legal uses in compact form. Bouvier's is the most detailed source for the jurisdictional variation in deed covenants, though it requires cross-referencing with the underlying state digests it cites. Black's (both editions) focus primarily on the conveyancing sense and the distinction from "sell."

Historical Dictionary Support

All four source dictionaries agree that "give" in a deed of conveyance was an operative word carrying implied covenant significance at common law. Black's Law Dictionary (2nd Ed.) states the basic rule most cleanly: "give" in a deed imports "a warranty or covenant for quiet enjoyment during the lifetime of the grantor." Bouvier's is the essential source for the jurisdictional picture, noting agreement in Kentucky and Maine, uncertainty in Maryland and Alabama, and a distinct rule in Ohio where the implied warranty ran only for the grantor's life rather than absolutely.

Anderson's provides the broadest analytical frame, separating the gratuitous transfer sense, the supply/furnish sense, the procedural compliance sense (bail, security), the forbearance sense, and the color sense. This taxonomy is more useful for the general researcher than the narrower conveyancing focus in the Black's entries.

What the historical dictionaries collectively miss: they do not address the regulatory usage of "give" in statutory contexts, which became increasingly important as licensing regimes expanded in the late nineteenth and twentieth centuries. They also do not engage with gift law's formal elements as a doctrinal structure, since that doctrine was less systematized at the time of these works.

Jurisdictional Note

The implied covenant consequence of "give" in a deed of conveyance varied significantly by state and was already contested in nineteenth-century American law. Maine and Kentucky recognized the implied covenant; New York did not. Ohio recognized a limited form. Maryland and Alabama were uncertain. Researchers working with historical deeds must apply the law of the state where the land was located, not a uniform common law rule.

GIVEmain

Black's Law Dictionary • 1891

A term used in deeds of convey- ance. At common law, it implied a cove- nant for quiet enjoyment. 2 Hil. Real Prop. 366. In their ordinary and familiar signification, the words "sell" and "give" have not the same mean- ing, but are commonly used to express different modes of transferring the right to property from one person to another. "To sell" means to trans- fer for a valuable consideration, while "to give" signifies to transfer gratuitously, without any equivalent. 14 Md. 184. "GIVE AND BEQUEATH." These words, in a will, import a benefit in point of right, to take effect upon the decease of the testator and proof of the will, unless it is made in terms to depend upon some contin- gency or condition precedent. 9 Cush. 519; 33 Conn. 297; 8 Wheat. 538.

GIVEmain

Anderson's Dictionary of Law • 1890

1. To transfer gratuitously, without an equivalent. See GIFT. 2. To furnish or supply: as, to give liquor to a minor.9 3. To find, furnish, supply: as, to give bail or security. 4. To forbear to sue; to extend time: as, to give time to a debtor. See FORBEARANCE. 5. To admit an apparent right in another: as, to give color. See COLOR, 2. Dickson v. United States, 125 Mass. 313-16 (1878), cases; 52 N. Y. 530; 94 U. S. 315, 321. 2 Pearson v. Pearson, 7 Johns. 28 (1810). Delivery, • [Cox v. North Western Stage Co., 1 Idaho, 380 (1871), when not essential, 31 Alb. Law J. 426-29, 445-48 (1885), Whitson, J. 2 Bl. Com. 441. cases. 3 Lohman v. State, 81 Ind. 17 (1881), Niblack, J; Act of Congress 13 July, 1866: 14 St. L. 120. 2 Bl. Com. 316. Jist. O. F. gist, it lies: the point wherein the matFirst Nat. Bank of Flora v. Burkett, 101 III. 394 (1882), Walker, J. See also Re Murphy, 109 id. 33 (1884). Gould, Plead. 162: Ch. IV, § 12. Kehr v. Smith, 20 Wall. 34 (1873), Davis, J. See also Gray v. Barton, 55 N. Y. 72 (1873); Chadsey, Administrator v. Lewis, 6 Ill. 155 (1844); Hynson v. Terry, 1 Ark. 87 (1833). As to the difference, in a liquor law, beter lies. tween "gift" and "sale," see Parkinson v. State, 14 Md. 194, 197 (1859); Holley v. State, 14 Tex. Ap. 512 (1883). * [Flanders v. Blandy, 45 Ohio St. 113 (1887), cases, Dickman, J.: 26 Am. Law Reg. 587-92 (1887), cases. In general, 19 Cent. Law J. 422-26 (1884), cases. • See Allen v. White, 97 Mass. 507 (1867). Adams v. Adams, 21 Wall. 191 (1874). Martin v. Funk, 75 N. Y. 137-43 (1878), cases. • See 1 Iowa, 282; 2 N. Y. 153; 33 Conn. 297; 2 Ala. 555; 23 Me. 219; 8 Cow. 38; 14 Wend. 38. • Commonwealth v. Davis, 12 Bush, 240 (1876); Halley v. State, 14 Tex. Ap. 512 (1883); Parkinson v. State, 14 Md. 194 (1856).

GIVEmain

Bouvier's Law Dictionary • 1928

A term used in deeds of convey- ance. At common law, it implied a cove- nant for quiet enjoyment; 2 Hill. R. P. 366. So in Kentucky; 1 Pirtle, Dig. 211. In Maryland and Alabama it is doubtful; 7 G. & J. 811; 5 Ala. N. S. 555. In Ohio, in con- veyance of freehold, it implies warranty for the grantor's life: 2 Hill. R. P. 366. In Maine it implies a covenant; 6 Me. 227; 23 id. 219. In New York it does not, by statute. See 14 Wend. 38. It does not im- ply a covenant in North Carolina; 1 Murph. 343; nor in England, by statute 8 & 9 Vict. c. 106, § 4. See COVENANT; GIFT. The word give, in a statute providing that no person shall give away any intoxicating liquors, etc., does not apply to giving such liquor at private dwellings, etc., unless given to a habitual drunkard, or unless such dwelling, etc., becomes a place of public re- sort. 144 U. S. 823. See LIQUOR LAWS. GIVE, GRANT, CONVEY. The words "give, grant and convey" are as com- prehensive as any that can be used to convey a legal title, and are as efficient in law to transfer the title. 1 T. B. Mon. (Ky.) 31.

GIVEv.

Websters Unabridged Dictionary (1913) • 1913

To bestow without receiving a return; to confer without compensation; to impart, as a possession; to grant, as authority or permission; to yield up or allow. For generous lords had rather give than pay. Young. To yield possesion of; to deliver over, as property, in exchange for something; to pay; as, we give the value of what we buy. What shall a man give in exchange for his soul Matt. xvi. 26. To yield; to furnish; to produce; to emit; as, flint and steel give sparks. To communicate or announce, as advice, tidings, etc.; to pronounce; to render or utter, as an opinion, a judgment, a sentence, a shout, etc. To grant power or license to; to permit; to allow; to license; to commission. It is given me once again to behold my friend. Rowe. Then give thy friend to shed the sacred wine. Pope. To exhibit as a product or result; to produce; to show; as, the number of men, divided by the number of ships, gives four hundred to each ship. To devote; to apply; used reflexively, to devote or apply one's self; as, the soldiers give themselves to plunder; also in this sense used very frequently in the past participle; as, the people are given to luxury and pleasure; the youth is given to study. To set forth as a known quantity or a known relation, or as a premise from which to reason; -- used principally in the passive form given. To allow or admit by way of supposition. I give not heaven for lost. Mlton. To attribute; to assign; to adjudge. I don't wonder at people's giving him to me as a lover. Sheridan. To excite or cause to exist, as a sensation; as, to give offense; to give pleasure or pain. To pledge; as, to give one's word. To cause; to make; -- with the infinitive; as, to give one to understand, to know, etc. But there the duke was given to understand That in a gondola were seen together Lorenzo and his amorous Jessica. Shak. To give away, to make over to another; to transfer. Whatsoever we employ in charitable uses during our lives, is given away from ourselves. Atterbury. -- To give back, to return; to restore. Atterbury.  -- To give the bag, to cheat. [Obs.] I fear our ears have given us the bag. J. Webster. -- To give birth to. (a) To bear or bring forth, as a child. (b) To originate; to give existence to, as an enterprise, idea.  -- To give chase, to pursue.  -- To give ear to. See under Ear.  -- To give forth, to give out; to publish; to tell. Hayward.  -- To give ground. See under Ground, n.  -- To give the hand, to pledge friendship or faith.  -- To give the hand of, to espouse; to bestow in marriage.  -- To give the head. See under Head, n.  -- To give in. (a) To abate; to deduct. (b) To declare; to make known; to announce; to tender; as, to give in one's adhesion to a party.  -- To give the lie to (a person), to tell (him) that he lies.  -- To give line. See under Line.  -- To give off, to emit, as steam, vapor, odor, etc.  -- To give one's self away, to make an inconsiderate surrender of one's cause, an unintentional disclosure of one's purposes, or the like. [Colloq.] -- To give out. (a) To utter publicly; to report; to announce or declare. One that gives out himself Prince Florizel. Shak. Give out you are of Epidamnum. Shak. To send out; to emit; to distribute; as, a substance gives out steam or odors.  -- To give over. (a) To yield completely; to quit; to abandon. (b) To despair of. (c) To addict, resign, or apply (one's self). The Babylonians had given themselves over to all manner of vice. Grew.  -- To give place, to withdraw; to yield one's claim.  -- To give points. (a) In games of skill, to equalize chances by conceding a certain advantage; to allow a handicap. (b) To give useful suggestions. [Colloq.] -- To give rein. See under Rein, n.  -- To give the sack . Same as To give the bag.  -- To give and take. (a) To average gains and losses. (b) To exchange freely, as blows, sarcasms, etc.  -- To give time (Law), to accord extension or forbearance to a debtor. Abbott.  -- To give the time of day, to salute one with the compliment appropriate to the hour, as "good morning." "good evening", etc.  -- To give tongue, in hunter's phrase, to bark; -- said of dogs.  -- To give up. (a) To abandon; to surrender. "Don't give up the ship." He has . . . given up For certain drops of salt, your city Rome. Shak. To make public; to reveal. I'll not state them By giving up their characters. Beau. & Fl.

GIVEv.

Websters Unabridged Dictionary (1913) • 1913

To give a gift or gifts. To yield to force or pressure; to relax; to become less rigid; as, the earth gives under the feet. To become soft or moist. [Obs.] Bacon . To move; to recede. Now back he gives, then rushes on amain. Daniel. To shed tears; to weep. [Obs.] Whose eyes do never give But through lust and laughter. Shak. To have a misgiving. [Obs.] My mind gives ye're reserved To rob poor market women. J. Webster. To open; to lead. [A Gallicism] This, yielding, gave into a grassy walk. Tennyson. To give back, to recede; to retire; to retreat. They gave back and came no farther. Bunyan. -- To give in, to yield; to succumb; to acknowledge one's self beaten; to cease opposition. The Scots battalion was enforced to give in. Hayward. This consideration may induce a translator to give in to those general phrases. Pope. -- To give off, to cease; to forbear. [Obs.] Locke.  -- To give on or upon. (a) To rush; to fall upon. [Obs.] (b) To have a view of; to be in sight of; to overlook; to look toward; to open upon; to front; to face. [A Gallicism: cf. Fr. donner sur.] Rooms which gave upon a pillared porch. Tennyson. The gloomy staircase on which the grating gave. Dickens. -- To give out. (a) To expend all one's strength. Hence: (b) To cease from exertion; to fail; to be exhausted; as, my feet being to give out; the flour has given out.  -- To give over, to cease; to discontinue; to desist. It would be well for all authors, if they knew when to give over, and to desist from any further pursuits after fame. Addison. -- To give up, to cease from effort; to yield; to despair; as, he would never give up.

giveverb

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

To move, shift, provide something abstract or concrete to someone or something or somewhere. | To transfer one's possession or holding of (something) to (someone). | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To make a present or gift of. | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To pledge. | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To provide (something) to (someone), to allow or afford. | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To cause (a sensation or feeling) to exist in (the specified person, or the target, audience, etc). | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To give off (a certain vibe or appearance). (Compare giving.) | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To carry out (a physical interaction) with (something). | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To pass (something) into (someone's hand, etc.). | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To cause (a disease or condition) in, or to transmit (a disease or condition) to. | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To provide or administer (a medication) | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To present someone to an audience. | To move, shift, provide something abstract or concrete to someone or something or somewhere. | To propose someone for a toast, used in standard formulations for toasts. | To provide, as, a service or a broadcast. | To estimate or predict (a duration or probability) for (something). | To yield or collapse under pressure or force. | To lead (onto or into). | To provide a view of. | To exhibit as a product or result; to produce; to yield. | To cause; to make; used with the infinitive. | To cause (someone) to have; produce in (someone); effectuate. | To allow or admit by way of supposition; to concede. | To attribute; to assign; to adjudge. | To communicate or announce (advice, tidings, etc.); to pronounce or utter (an opinion, a judgment, a shout, etc.). | To grant power, permission, destiny, etc. (especially to a person); to allot; to allow. | To devote or apply (oneself). | To become soft or moist. | To shed tears; to weep. | To have a misgiving.

givenoun

Wiktionary (English) • 2026

The amount of bending that something undergoes when a force is applied to it; a tendency to yield under pressure; resilience.

givenoun

Wiktionary (English) • 2026

Alternative form of gyve.

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