said sheriff as of the inquest therein named, it appears, by the oaths and affirmation of the said inquest, that the real estate in the said writ mentioned could not be parted and divided to and among the parties therein named without prejudice to or spoiling the whole thereof; and therefore the inquisition aforesaid, upon their oaths or affirmations aforesaid, had valued and appraised the same at the sum of dollars, which return and valuation were, on motion, confirmed by the court. And whereas all the heirs and legal representatives of the said JOHN JONES having severally and respectively refused to take the said lot or tract of land at the valuation aforesaid, the court did, upon the application of the said HARRY JONES (or other party, as the case may be), grant a rule upon all the heirs and legal representatives of the said intestate to show cause, at an Orphans' Court to be held at Philadelphia, in the County of Philadelphia, the day of , next ensuing, why the said real estate should not be sold according to the act of general assembly in such case made and provided; at which said time and place, legal notice of the aforesaid rule being proved to have been duly given to all the heirs and legal representatives of the said intestate, and no cause being shown why the said real estate should not be sold as aforesaid, the court did then and there make an order commanding the said JOHN GREEN and EARL WHITE, administrators as aforesaid, to expose the aforesaid lot or tract of land of the said intestate to public sale, on the premises (or as the case may be), upon the terms in the said order directed. In pursuance whereof, the said administrators, having first given sufficient security, according to law, for the faithful execution of the power committed to them did, in accordance with the directions of the said order, expose the premises therein mentioned to sale by public vendue, and sold the same to the said JOHN BLACK, at and for the sum of dollars, he being the highest bidder, and that the highest and best price bidden for the same, which sale, on return thereof made to the judges of the same court, was, on the day of last past, confirmed; and it was considered and adjudged by the said court that the said lot or tract of land, with the appurtenances so sold as aforesaid, should be transferred and vested in the said JOHN BLACK, as fully as the said JOHN JONES held the same at his decease, subject and liable to the payment of the purchase money, according to the terms prescribed in the said order, as by the records and proceedings of the same court, remaining at aforesaid, relation thereunto being had, will more fully and at large appear. Now this indenture witnesseth, that the said JOHN GREEN and EARL WHITE, administrators, as aforesaid, for and in consideration of the said sum of dollars, to them in hand paid by the said JOHN BLACK, at and before the ensealing and delivery hereof, the receipt and payment whereof they do hereby acknowledge, have granted, bargained, sold, aliened, released, and confirmed, and by these presents (by virtue of the powers and authorities to them given by the aforesaid order of orphans' court, and pursuant to the directions thereof) do grant, bargain, sell, alien, release, and confirm unto the said JOHN BLACK, his heirs and assigns, all that the above-mentioned and described lot or tract of land, with the appurtenances. Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of the said JOHN JONES in his lifetime, at and immediately before the time of his decease, of, in, to, or out of the same. To have and to hold the said lot or tract of land, hereditaments, and premises, hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said JOHN BLACK, his heirs and assigns, to the only proper use, benefit, and behoof of the said JOHN BLACK, his heirs and assigns, forever. (And the said JOHN GREEN and EARL WHITE do severally, but not jointly, or the one for the other, or for the act or deed of the other, but each for his own act only, covenant, promise and agree, to and with the said JOHN BLACK, his heirs and assigns, by these presents, that they, the said JOHN GREEN and EARL WHITE have not, nor hath either of them done, committed, or wittingly, or willingly suffered to be done or committed any act, matter, or thing whatsoever, whereby the premises aforesaid, or any part thereof, is, are, or shall or may be impeached, charged, or encumbered in title, charge, or estate, or otherwise howsoever.) IN TESTIMONY WHEREOF, The said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of WILLIAM SLOAN, JACOB ROONEY. JOHN GREEN. (Seal.) *Add administrator's acknowledgment as in form, Par. 209, page 269. Covenant in brackets is not necessary and may be omitted. 241. Sheriff's Deed in Partition by a Common Pleas Court. I, A. T., high sheriff in and for the City and County of Philadelphia, in the State of Pennsylvania, to all to whom these presents shall come, send greetings: Whereas, a certain writ of breve de partitione facienda, lately issued out of the Common Pleas Court No. 3, for the City and County of Philadelphia, tested at Philadelphia the first day of December, Anno Domini, 1902, and to me directed at the suit of W. W. S., in order to have inter alia the three-story brick messuage or tenement and lot or piece of ground hereinafter particularly described, and granted, parted, and divided between him, the said W. W. S., and G. S. and M. S., minor children by their guardian, J. J. M., to wit, Number Two (No. 2), all that certain (here insert the description of the premises). And whereas, I returned to the Judges of the Common Pleas Court No. 3, for the City and County of Philadelphia, that in obedience to the said writ I had gone with twelve honest and lawful men of my bailiwick to the tenements and premises in the said writ described with the appurtenances, the parties to said writ having been warned and as many as chose to be there being present, which twelve honest and lawful men, upon their oaths and affirmations, respectively did say that the said lands and tenements could not be divided without prejudice to or spoiling the whole, and therefore they had valued and appraised the said lands and tenements in the said writ described, as follows, to wit: Number One (No. 1), at five thousand five hundred dollars, and Number Two (No. 2) at two thousand dollars, subject to the said ground rent (or as the case may be) mentioned in the above-recited writ, lawful money of Pennsylvania: And whereas, the said parties declined and refused to take the lands and tenements in the said writ described with the appurtenances, at the appraised value, as appears of record in the said court: Whereupon the return to the said writ of partitione facienda was approved of by the Judges aforesaid, demandant aforesaid prayed that the premises be sold agreeably to the act of assembly in such case made and provided, and it was accordingly ordered by the said Judges that the lands and tenements in the said writ described, with the appurtenances, be sold at public vendue, agreeably to the act of assembly, after notice and advertisements twenty days previous thereto. Wherefore, by a certain order of sale issued out of the said court, to me directed, bearing teste the first day of February, Anno Domini 1903, I was commanded that the lands and tenements in the said writ described, with the appurtenances, I should expose to sale at public vendue, having first given due, fair, and legal notice of the time and place of sale thereof, agreeably to the directions of the said act of assembly, and the order of court thereon, and the money arising from the said sale or sufficient sureties therefor, to the satisfaction of all parties concerned, I should bring into the said Court to be held at Philadelphia the Monday of March then next, to be distributed and paid by order of said Court to and among the several parties entitled to receive the same in lieu of their respective parts and purparts of the premises in the said writ described, with the appurtenances, according to their just rights and proportion, and to abide such further order as should be made by the said Court in the premises, and that I should have then and there the said writ: And whereas, I, the said sheriff, in obedience to the last recited writ or order of sale, after having given due, fair, and legal notice, according to the directions thereof, of the time and place of sale twenty days previous thereto, by advertisements in the public newspapers and by hand bills set up in the most public places in my bailiwick, did, on Monday, the third day of February, in the year of our Lord 1902, at halfpast five o'clock in the evening, at Room 676 City Hall, in the City of Philadelphia, expose (inter alia) the said three-story brick messuage or tenement and lot or piece of ground herein above particularly described, with the appurtenances, to sale by public vendue or outcry, when and where I sold the same to D. T. M., of the said City of Philadelphia, in the state aforesaid, for the price or sum of one thousand and twenty-five dollars, he being the highest and best bidder, and that the highest and best price bidden for the same. Now, know ye, that I, the said A. T., high sheriff as aforesaid, for and in consideration of the said sum of one thousand and twenty-five dollars, lawful money of the United States of America, to me in hand well and truly paid by the said D. T. M., at or before the sealing and delivery hereof, the receipt whereof I do hereby acknowledge, have granted, bargained, and sold, and by these presents according to the directions of the said last recited writ or order of sale, and by force and virtue thereof, and of the constitution and laws of this commonwealth, in such case made and provided, do grant, bargain, and sell unto the said D. T. M., his heirs and assigns, all that the aforesaid certain three-story brick messuage or tenement and lot or piece of ground (here describe premises), together with the free use and privilege of the said alley as a passage way and watercourse, at all times hereafter forever, and together with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, watercourses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof: And also, all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said W. W. S., G. S. and M. S., minor children as aforesaid, by their guardian, J. J. M., either at law, in equity, or otherwise howsoever, of, in, and to, or out of, the same and every part and parcel thereof, to have and to hold all and singular the hereditaments and premises above particularly described and hereby granted or mentioned or intended so to be, with the appurtenances, unto the said D. T. M., his heirs and assigns, to and for the only proper use and benefit and behoof of the said D. T. M., his heirs and assigns forever, according to the form, force, and effect of the laws and usages of this commonwealth, in such case made and provided. IN WITNESS WHEREOF, I, the said sheriff, have hereunto set my hand and seal, this twenty-eighth day of March, in the year of our Lord one thousand nine hundred and three (1903). Add sheriff's acknowledgment as in form, Par. 236, page 308. Partition by common pleas courts under the common law is nowadays rarely used. The most usual mode of partition is by equity. 242. Quit Claim Deed (Usual Form). This Indenture, made the ninth day of April, in the year of our Lord one thousand nine hundred six (1906), Between Thomas Jones and Elsie, his wife, both of Philadelphia, State of Pennsylvania (hereinafter called the parties of the first part), and Wil |