Analysis of the Chapter of Deeds. 681. Deed with covenant by grantee against certain kinds of building and occupations, and against nuisances....... 682. Short form of warranty-deed.... 683. Attestation of deed in which erasures or interlineations appear.. PAGE 841 843 343 Deeds by or to Particular Classes of Parties, such as Corporations, Officers, 695. Deed by several executors, covenanting severally and each for himself alone... 694. Deed by executors, reciting the power and the facts on which its execution depends... 348 849 696. Deed by executor or administrator, selling by order of court for payment of debts...... 849 697. The same; setting forth the orders at large...... 850 698. Deed by executor, conveying land by order of court, pursuant to contract of testator, duly proved and recorded.. 851 699. Deed by administrator, conveying by order of court pursuant to contract of his intestate...... 352 700. Deed by administrators, for purpose of partition after valuation and refusal by heirs... 353 701. Deed of guardian, conveying infants' estate by leave of court.. 855 702. Deed of infant; conveying by special guardian, by leave of court...... 856 703. Deed by committee of idiot, lunatic or habitual drunkard........... 704. Deed by trustees or assignees of an insolvent or bankrupt or an absconding debtor...... 707. The same; conveying to an assignee of the purchaser 712. Deed by mortgagee, on foreclosure by advertisement.... 865 713. Deed by referee pursuant to a judicial sale, other parties in interest 716. Short form of the same; by indorsement on the prior deed.. 870 717. Release by a trustee to the grantee of his cestui que trust...... 718. Partition deed................... 870 871 719. Deed among heirs, in confirmation of devises, with covenant to abide by the will...... 720. Deed of gift..... 872 874 726. Description bounding by rivers, highways and other boundaries.. 877 730. Description of land subject to a mortgage, or of an equity of redemption 378 731. The same; where the grantee covenants to pay the mortgage 782. Description of a lot with a right of way and of making a drain........ 879 733. Description of a lot abutting on an alley, with right of way therein subject to charges and covenants..... 878 879 734. Grant of easement appurtenant to lot bounding on an alley or court.... 380 735. Premises subject to easement for 'party wall... 380 739. Exception and reservation of mines, with rent and covenant to pay damages.... 881 Deeds creating or conveying particular estates other than an absolute fee: 744. General release of dower in consideration of beneficial provisions of will........ 884 745. Short form of release of dower by indorsement on deed... 885 746. Deed conveying reversion in fee subject to outstanding life-estate.. 747. Release of rents 885 386 748. Deed of surrender of a term for life or years to the reversioner.. 749. Short form of a surrender of lease, to be indorsed thereon. 888 888 753. Deed of right of way, with covenant by grantee to repair. 754. Right to lay an aqueduct...... 890 891 755. Deed of water-power, measured by capacity of flume 756. Deed of a pew by proprietors of a church.... 891 891 757. Deed by trustees of religious corporation conveying a pew subject to assessments to be laid.... 892 758. Deed of a pew by one individual to another... 892 759. Deed of land to a railroad company for the purposes of their road...... 298 760. Trust deed...... 894 761. Habendum of a deed in trust for a married woman 894 762. Deed conveying in trust for support of grantor's parents, with power of appointment to them, and a reservation of rents for payment of encumbrances.. 895 Deeds for Alabama;-Arkansas;--California. FORMS SANCTIONED BY THE STATUTES OR PRACTICE OF PARTICULAR STATES, AND DIRECTIONS FOR EXECUTION. Alabama [Conveyances of land must be "signed at their foot by the contracting party or his agent having a written authority; or if he is not able to sign his name, then his name must be written for him, with the words 'his mark' written against the same, or over it. The execution of said instrument must be attested by one, or, where the party is a married woman, or cannot write, by two witnesses, who are able to write their names as witnesses."(f) In any case, if the deed is to be proved, two witnesses are necessary (g) But in all cases, acknowledgment by the grantor dispenses with the necessity for witnessing.(h) A seal is, perhaps, not essential to a private deed; and a scroll is commonly used as a seal.. All writings which import on their face to be sealed are to be taken as sealed instruments, and have the same effect as if the seal of the party was affixed.(1) Words of inheritance are not necessary to pass a fee. The words, “grant, bargain and sell," unless qualified, imply covenants against the grantor's acts.(j) The form given for VIRGINIA (No. 666, etc.) may be used for this State.] Arkansas. [Words of inheritance are not essential to convey a fee. The words, "grant, bargain and sell," unless qualified, imply covenants against the grantor's acts.(k) Deeds must be sealed; but a scroll, or a durable impression on the paper, is a sufficient seal for the purpose.() They must be executed in the presence of two disinterested witnesses, or must be acknowledged in the presence of two such witnesses, who must then subscribe as such.] California. The words, [Words of inheritance are not necessary to convey a fee. "grant, bargain and sell," unless restrained by express terms contained in the conveyance, imply a covenant against the grantor's own acts.(m) The forms given for NEW YORK are appropriate. A scroll is a sufficient seal; but such a device affixed to the signature, without words in the body of the instrument expressive of the intent to make it a sealed instrument, is not enough to make it a deed.(n) Two subscribing witnesses are usual; but if the deed is acknowledged, witnesses are unnecessary. No mortgage, sale or alienation of a homestead under the Homestead Act is valid without the signature of the wife, and her acknowledgment on an examination had apart from her husband, certified as in other cases.(0)] Connecticut Delaware ;-Georgia ;-Illinois. Connecticut. [A deed must be "subscribed by the grantor with his own hand, or with his mark, with his name thereunto annexed, and also attested by two witnesses with their own hands, or with their marks with their names thereunto annexed; or the name of the grantor shall be subscribed to such grant, by his lawful attorney authorized by a written power for that special purpose, duly executed and acknowledged," as prescribed in case of deeds.(p) Any instrument purporting and intended to be a specialty, by a person or corporation not having an official or corporate seal, may be sealed by the addition of the word "Seal" or the letters "[L. s.]," or their equivalent; and any official or corporate seal may be impressed upon the paper without the use of wax.(g)] Delaware. [If there are no express covenants in a deed, the words "grant, bargain and sell," if not restricted, imply a special warranty.(?) A seal upon wax is not necessary, but something designed to answer the purpose of a seal is necessary. A seal will not be implied from the words Witness my hand and seal.(s) It is usual to have two subscribing witnesses.] Georgia. [A conveyance of land must be sealed.(t) An ink scroll is a sufficient seal.(u) Unless the deed is witnessed officially within the State, (v) it must be executed in the presence of two witnesses, who must subscribe as such. If not actually delivered in their presence, it must be declared by the grantor in their presence to be delivered as his deed.(w)] Illinois. [Words of inheritance are not necessary to convey the fee. The words grant, bargain and sell," unless qualified, imply a covenant against the grantor's own acts.(x) A subsequent express covenant will not of itself restrict the operation of such implied covenant.(y) A scrawl is a sufficient seal.(2) Two witnesses are usual; but an acknowledgment by the grantor dispenses with the necessity of witnesses.] 643. Deed Conveying With Covenants. THIS INDENTURE, made and entered into this year of our Lord one thousand eight hundred and day of (p) Stats.: Comp. of 1854, 631, § 8. (9) Act of 1851, Stats.: Comp. of 1854, 638, § 2. (r) See note (k), infra p. 335. (4) Armstrong v. Pearce, 5 Haw., 851. , in the by and between the party of the first Deeds for Illinois;-for Indiana. the second part, WITNESSETH: That the said party of the first part, for and in consideration of the sum of dollars to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, release, convey and confirm unto the said party of the second part, his heirs and assigns, the following described real estate, situate, lying and being in the county of and State of known and designated as follows-to wit [here insert description]. TO HAVE AND TO HOLD said land and premises, with all the appurtenances thereto belonging, or in any wise appertaining, unto the said party of the second part, his heirs and assigns, forever. AND THE SAID PARTY of the first part, for himself and his heirs, does covenant to and with the said party of the second part, his heirs and assigns, that he is lawfully seized of the premises aforesaid, that the same are free from all encumbrances whatever; that he will warrant and defend the said premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the lawful claims of him and his heirs, executors and administrators, or any other person or persons claiming or to claim title to the same or any part thereof. IN TESTIMONY WHEREOF, the said A. B., the party of the first part, has hereunto set his hand and seal, on the day and date first above written. [If not acknowledged, add here :] Signed, sealed and delivered in presence of, ed} Indiana. [Signature and seal.] [The use of private seals is abolished. One subscribing witness is necessary, unless the deed is acknowledged by the grantor. Words of inheritance are not necessary to convey a fee. It is enough, if the intent to do so is made clear.] (a) 644. Deed Conveying Without Covenants.(b) A. B. quit-claims to Y. Z. [here describe the premises], for the sum of [here insert the consideration]. A. B. conveys and warrants to C. D. [here describe the premises], for the sum of [here insert the consideration]. |