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CONSTITUTIONS OF THE SEVERAL STATES, 107-156.
CONVENTION, for forming a constitution of the Union in 1787,

21.

letter from the president of, to Congress, accompanying the con-
stitution, 22.

CORPORATION, how the deed of, should be made, 274.

COTTON GOODS, manufactures of, in the United States, 68.

CRUEL AND UNUSUAL PUNISHMENT, prohibited by the con-
stitution, 181.

reason for this provision, 181.

CRUELTY, a ground of divorce, 246.

CUTLERY GOODS, manufactures of, in the United States, 69.

D.

DAKOTA, Territory of, boundaries, extent, history, and condition of,

159.

DAMAGES, what a grantee with warranty may recover when he loses
his land by a defect of title, 280.

DATE, a deed having none, takes effect from delivery, 278.
DEBASEMENT OF THE COIN. (See MONEY.)

DEED BY INDENTURE, what it is, 283.

DEED-POLL, what it is, 283.

DEEDS CONVEYING LAND, law of, 273-287.

what is essential to such deeds, 273.

in this country lands can be transferred only by a deed which is
signed, sealed, acknowledged, and delivered, 273.

deeds should always be recorded, 273.

what the word "deed" means in law, 273.

grantor should write his name with ink, 273.

if he cannot write his name, he may make his mark, 273.

not safe to trust to signature in pencil, 274.

the name of the grantee should be written in the proper place, in
ink, 274.

sometimes written in pencil, to be erased, and a new name inserted;
but this an unsafe practice, 274.

how the deed of a corporation should be executed, 274.

safest way to adhere to established forms and phrases in drawing
and executing instruments, 274.

what a seal is in different States, 274.

delivery of the deed is essential, 275.

delivery as an escrow, what this delivery is, 275.

where the grantor puts the deed in the hands of a third person, to
be given to the grantee after the death of the grantor, 275.

a deed to a married woman may be delivered to her or to her
husband, 275.

when delivered to the grantee, there must be assent and acceptance
on his part, 275.

deeds should be attested by witnesses, who should see the grantor
sign, 276.

DEEDS CONVEYING LAND—Continued.

what the witnesses must remember when called on to testify, 276.
witness may be a minor, 276.

witness should have no interest in the deed, 276.

a deed may be valid between the parties, although not acknowledged;
but cannot generally be recorded without acknowledgment, 276.
what an acknowledgment is, and how it may be made, and what is
its effect, 276.

whether all the grantors should acknowledge the deed, 277.

how one who executes the deed for another should acknowledge the
deed, 277.

a deed should be dated; but if it have no date, it will take effect
from delivery, 277.

the necessity and effect of recording, 277.

the usual clauses in deeds, 278–233.

it is customary to recite in deeds the consideration under which they
are made, 278.

this is usually the price paid for them, but may be love and affec-
tion, or any other cause, 278.

it is customary but not necessary to put in one dollar, or some other
nominal sum, 278.

the seller is not bound by his receipt for the money contained in the
deed, 278.

he may still sue for the money, but cannot say the deed is void for
non-payment, 279.

usual words of a conveyance, 279.

the description of the land should be minute and accurate, 279.

a conveyance to the grantee without words of inheritance gives the
land to him for his life only, 279.

what the words of inheritance are, 279.

deeds end by the clause of execution; what it is, 279.

what a quitclaim deed is, and what it effects, 279.

what a warranty deed is, and what it effects, 279.

what clauses make a deed to be a warranty deed, 280.

these clauses usually contain four different agreements, warranties,

or covenants, 280.

nicety of the law as to their exact meaning and operation, 280.
what damage a grantee recovers who is obliged to fall back on his
warranty; different rules in different States, 280.

how incumbrances on the estate may be inserted, 280.
the covenants of the warranty pass to the grantee, 281.

sometimes an estate is conveyed on a condition; but this is a very
catching thing, 281.

possible effect of the word "condition" in any deed but a mort
gage, 281.

if a married woman holds land, husband and wife, joining in one
deed, may convey it, 282.

in some of our States she may do this by her own deed, 282.

how a married woman may releas、 her right of dower or of home.
stead, 282.

DEEDS CONVEYING LAND- Continued.

a bargain for land or real property, if not written, has no force, 282.
a deed conveying land may be either a deed-poll or an indenture, 282.
deeds conveying land are of a vast variety, and hence a great variety
of forms are given, 282.

mortgages of land, 284.

the purpose of a mortgage is to give to a creditor the security of
property, 284.

a mortgage is usually a deed conveying the land to a creditor as
fully as if it were sold to him outright; but with a condition
inserted, that if the grantor shall pay to the grantee a certain sum
of money at a certain time, the deed shall be void, 284.
how this condition is usually expressed, 284.

mortgages are sometimes made to secure a promissory note, and
sometimes a bond, 284.

the promise, condition, or agreement, which converts a conveyance
of land into a mortgage, usually is, and always should be, con-
tained in the deed itself; 284.

but the instrument of defeasance may be a separate instrument, 284.
objections to this, and questions which have arisen in relation to it,
285.

whether courts can relieve the grantor when the condition or defea-
sance was not written in any way, 285.

great diversity of the decisions on this point; the rule prevailing in
the Supreme Court of the United States given, 285.

the mortgagor has strictly no right to retain possession of the land,
unless this is provided for in the mortgage, 286.

a mortgagor has a right to redeem, or an equity of redemption;
what this right is, 286.

a mortgagor may give to the mortgagee a power of sale, which de-
feats or qualifies the right to redeem, 286.

what this power of sale is, and what its effect is, 286.

the time limited for the redemption begins from the day when the
mortgagee takes possession of the land for the purpose of foreclos
ing the mortgage, 287.

in what manner the mortgagee may enter to foreclose, 287.
what a mortgagor must do to redeem his mortgage, 287.

a common agreement is, that the mortgagor shall keep the premises
insured; this agreement should be inserted in full in the deed, 287.
if a mortgagor erects buildings on the mortgaged land, the effect of
it, 287.

if the mortgagee puts buildings on the land, the effect of it, 287
forms of deeds of conveyance, 288-356.

DELAWARE, convention of, adopted the constitution at once, unani-
mously, 23.

boundaries, extent, constitution, history, and condition of, 117
the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife, and of homestead,
215.

DISHONOR OF NEGOTIABLE PAPER, what it is, and effect of, 494

DISSOLUTION OF PARTNERSHIP, law concerning, 534.
DISTRIBUTION OF THE PROPERTY OF AN INTESTATE, deter-
mined in the several States by the statutes of descent or of inheri-
tance, 253.

the difference between the law of this country on this subject and
the law of England, 253.

provisions as to the inheritance of the real property of an intestate,
253, 254.

distribution of the personal property of an intestate, 254.

how far similar to that of real estate, 254.

DISTRICT OF COLUMBIA, boundaries, extént, history, and condition
of, 163.

DIVORCE, law of, 245.

of two kinds: divorce from the bond of matrimony, and from board
and bed, 245.

from the bond of matrimony annuls the marriage altogether, 245.
whether the guilty party may marry again, 245.

powers of the court as to terms of separation, 245.

a divorce from board and bed separates the parties, but leaves them
still married, 245.

the law of, in England, 245.

history of the law of, in this country, 245.

what desertion or abandonment is a ground of divorce, 246.
cruelty a ground of divorce, 246.

condonation, meaning of and effect of, 246.

DOMESTIC RELATIONS, rights and duties growing out of, 201
parent and child, the law of, 201.

father's liability for minor child, 201.

infants or minors, law concerning, 202.

infants, who are, in law, 202.

on what day persons become of age, 202.

contract of an infant, if not for necessaries, voidable, 202.

infant may ratify and confirm it, and how, 202.

if an infant buys property, an act of ownership after majority con-

firms the purchase, 203.

continued possession of the property has the same effect, 203.

infants' contracts for necessaries not voidable, 203.

what are necessaries for an infant, 202, 203, 204.

a note given by an infant, when voidable, 204.

an infant is liable for torts, or wrongs or offences, 204.
so if he fraudulently represented himself as of age, 204.
an infant's contract is voidable only by himself, 205.
form of an infant's new promise or confirmation, 205.
DOMESTIC MANUFACTURES, increase of, 70.

DOMICILE. (See LAW OF PLACE.)

DORMANT PARTNER, who is, 533.

DRAFTS. (See NOTES OF Hand and BILLS OF EXCHANGE.)

DRAWER AND DRAWFE, of a bill of exchange. (See NOTES OF
HAND AND BILLS OF EXCHANGE.)

E.

EMINENT DOMAIN, law of. It is the right of the sovereign to take
private property for public purposes, 251.

the sovereign can take private property for public purposes only
from public necessity, and by making full compensation, 251.
limits to the right of compensation, 252.

the most common exercise of eminent domain, 252.

ERASURES, in a written instrument, effect of, 278.
ESCROW, what it is, and law of, 375.

EXCESSIVE BAIL, prohibited by the constitution, 180.
reason for this provision, 180.

EXCESSIVE FINES, prohibited by the constitution, 181

reasons for this provision, 181.

EXCISE, what it is, 64.

EXECUTION, clause of, in a deed, how it should be made, 279.
EXECUTOR OR ADMINISTRATOR, when he is liable on a promise
to pay out of his own estate a debt of the deceased, 462.

EXECUTORS AND ADMINISTRATORS, the law respecting, and who

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a testator may generally direct that his executors or trustees should
not give bonds, 266.

act as the personal representatives of the deceased, 266.

judge of probate, sometimes called surrogate, ordinary, register
or registrar of wills, judge of the Orphan's Court, &c., 266.
an appeal may be taken from his decree to the Supreme Court, 266.
how an executor or administrator indorses negotiable paper of the
deceased, 266.

how they submit a disputed question to arbitration, 266.

when they can execute the contract of the deceased as the deceased
could have done himself, 266

that the entire right of representation survives to the others on the
death of one of several executors, 267.

duties of an executor arranged according to law, 267.

when an executor or administrator finds an estate to be insolvent,
what he should do, 267.

forms for executors and administrators, 268–273.

EXEMPTION LAWS, 649.

EXPRESSMEN. (See CARRIAGE of Goods and PASSENGERS.)
EX POST FACTO LAW, prohibited by the constitution, 182.
meaning of this phrase, 183.

reasons for this provision, 183.

F.

FERRYMAN. (See CARRIAGE OF GOODS AND PASSENGERS.)
FINES, excessive, prohibited by the constitution, 181.
FIRE INSURANCE. (See INSURANCE AGAINST FIRE.)

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