SECTION II. SHORT FORM OF DEED. 57. Short Form of Deed Under Act of April 1, 1909. The reader by this time has probably reached the conclusion that there is much in the form of deed just examined and analyzed that could without loss be omitted. And it is doubtless true that much of the verbiage could be eliminated for it is merely a survival of the times when the scrivener or the conveyancer was paid by the number of words written; when mere prolixity had its own reward. It is not to be wondered, therefore, that many jurisdictions have by legislation provided for a short form of deed. In Pennsylvania also by the Act of April 1, 1909 (P. L. 91), was adopted a short form of deed. The title insurance companies and the older conveyancers are, however, loath to abandon the old form and to adopt the new. There is much to be said on both sides. In favor of the short form the best argument probably is that it facilitates the recording and saves time and expense. On the other hand, the adherents of the older form point out that this older form has received years of judicial interpretation and every clause has a known definite meaning, not only in this jurisdiction but in most all common law jurisdiction. Which form will finally prevail cannot now be determined, whether art will yield to commercialism or whether the simplified form will meet the fate of simplified spelling is a question beyond us. We will set forth the short form and leave the question of its use to the individual tastes of conveyancers. ACT OF APRIL 1, 1909. FORM. The form of deed provided for by the Act of April 1, 1909, is as follows: THIS DEED Made the seventh day of July, in the year nineteen hundred and eleven (1911) between A. B., Blacksmith, and C. D., Grocer, both of the City and County of Philadelphia, State of Pennsylvania. WITNESSETH. That in consideration of one ($1.00) dollar in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantee all that certain lot or piece of ground with the messuage or tenement thereon erected, situate on the west side of "Y" Street at the distance of 337 feet northward from the north side of "X" Street, in the Fortieth Ward of the City of Philadelphia, containing in front or breadth on the said "Y" Street 18 feet and extending of that width in length or depth westward between two parallel lines at right angles with the said "X" Street 100 feet to a three feet wide alley leading northward from "X" Street to "Z" Street. And the said grantor does hereby covenant and agree that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF the said grantor has hereunto set his hand and seal the day and year first above written. Andrew Black. (Seal.) On the seventh day of July, A. D. 1911, before me, John Smith, came the above named Andrew Black and acknowledged the foregoing deed to be his act and deed and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. My commission expires Feb. 13, 1916. John Smith. (Seal.) Notary Public. 58. Provisions of Act of April 1, 1909 (P. L. 91). The first section of this act provides: SECTION 1. Be it enacted, etc., That from and after the approval of this act, in any deed hereafter executed, unless expressly limited to a lesser estate, the words "grant and convey," or either one of said words, shall be effective to pass to the grantee or grantees named therein a fee simple title to the premises conveyed, if the grantor or grantors possessed such a title, although there be no words of inheritance or of perpetuity in the deed. This simply means that unless a lesser estate is expressly specified in the deed, the words grant and convey shall operate to pass a fee simple title, without the word "heirs" (See Par. 54-D). Section 2 provides: SECTION 2. All deeds hereafter executed, granting or conveying lands, unless an exception or reservation be made therein, shall be construed to include all the estate, right, title, interest, property, claim, and demand whatsoever, of the grantor or grantors, in law, equity, or otherwise howsoever, of, in, and to the same, and every part thereof, together with all and singular the improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereto. belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof. This means that all appurtenances and every part of the land conveyed passes with specific mention thereof. And any part or appurtenance not intended to pass must be expressly excepted. SECTION 3. That the words "grant and convey," or either one of said words, in any deed hereafter executed, shall be adjudged an express covenant to the grantee, his heirs and assigns; to wit, That the grantor was seised of an indefeasible estate in fee simple in the property conveyed, free from incumbrances done or suffered from the grantor, as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed. This means the words "grant and convey" are to be taken to imply a covenant of fee simple title and for quiet enjoyment, unless expressly limited otherwise. SECTION 4. That a covenant by the grantor or grantors, in any deed, that he, they, or it "will warrant generally the property hereby conveyed," shall have the same effect as if the grantor or grantors had covenanted that he or they, his or their heirs and personal representatives or successors, will forever warrant and defend the said property, and every part thereof, unto the grantee, his heirs, personal representatives and assigns, against the lawful claims and demands of all persons whomsoever. This is self-explanatory. SECTION 5. That a covenant by the grantor or grantors in any deed, that he, they or it "will warrant specially the property hereby conveyed" shall have the same effect as if the grantor or grantors had covenant that he or they, his or their heirs and personal representatives or successors, will forever warrant and defend the said property, and every part thereof, unto the said. grantee, his heirs, personal representatives and assigns, against the lawful claims and demands of the grantor or grantors, and all persons claiming or to claim by, through, or under him or them. This is also self-explanatory. SECTION 6. That whenever in, any deed, there shall be used the words "release and quitclaim," such deed shall be construed as if it set forth that the grantor or grantors hath or have remised, released, and quitclaimed, and by these presents doth or do remise, release, and forever quitclaim, unto the grantee, his heirs and assigns, all right, title, interest, property, claim, and demand whatsoever, both in law and in equity, in or to the lands This section means that where it is desired to release any claim to land by what is commonly called a quitclaim deed (See form, par. 242), the words release and quitclaim are to be substituted for the words grant and convey and shall have the same meaning as the old lengthy form of hath remised, released and forever quitclaimed, etc. (see form, par. 243). SECTION III. EXECUTION OF DEEDS. DElivery. 59. Meaning of Term Execution. By execution of a deed we mean signing and sealing. A deed is considered to be a solemn instrument and it is presumed in law that before a party has put his hand to it he has made himself familiar with its contents, either by reading it carefully himself or if he cannot read by causing it to be read to him. As a Chief Justice of the Supreme Court of Pennsylvania said, "If a party who can read will not read a deed put before him for execution, or if, being unable to read, he will not demand to have it read or explained to him, he is guilty of supine negligence, which, I take it, is not the subject of protection either in law or equity" (Greenfield's Estate, 14 Pa. 496). It does not follow, however, that once a deed is signed, the injured or deceived party has no redress against a fraud, misrepresentation or mistake. The court will relieve in a proper case provided it is shown that the suitor exercised reasonable care and diligence. Safe practice requires in all cases that a party read over the instrument that he signs and a careful conveyancer will always, where the party is illiterate, read over and explain the instrument to him before execution. To completely execute a deed so as to pass title, it must be signed and sealed, attested and delivered. 60. Signing. Historically sealing antedates signing. In the early times the English people generally, noble as well as peasant, could not write, hence at common law the affixing of the seal only was necessary to the execution of the deed. The Statute of Frauds, however, it will be remembered, required that instruments concerning real estate be signed. From this time on, the signing became the important part of the execution of a deed. Sealing by itself is no longer sufficient, the deed must be signed. A deed is good if actually signed no matter how poorly the signature be written. If the party is unable to write he may sign by mark, in which event the mark must be attested, i. e., witnessed by the one who writes the party's name. This is usually done as follows: Witness: Jeremiah Stone. his Jacob X Strong mark. The name of the grantor is written out by the witness and the grantor then makes his mark between his Christian and surname. The words, his and mark are then written respectively above and below the mark and the witness signs opposite. 61. Sealing. As the world outgrew the necessities of the age when men made seals because they could not write, seals became less elaborate and in some states have been abolished altogether. In Pennsylvania it is still necessary; a deed still requires a seal. Although a writing might operate to convey land without sealing, yet strictly speaking it would not be a deed. However, in Pennsylvania, neither the wafer or wax seal is required, nor is any distinctive seal required; any mark made opposite the name and intended as a seal will be so considered (Hacker's Appeal, 121 Pa. 192). A deed of a corporation must always be under seal, but even the seal of a corporation need not necessarily be of any prescribed form. Any device adopted by the corporation and intended as its seal will be so treated (Nicholas v. Machine Co., 7 North 137). 62. Attestation. Attestation means witnessing. The witnessing of the execution of a deed by subscribing witness or witnesses was not necessary at common law and is not required in Pennsylvania gen |