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DEEDS AND MORTGAGES.

STRICTLY speaking, every instrument under seal is a deed; but, in ordinary language, a conveyance of lands is intended.

There should be a good consideration for a deed, which may be money, goods, services, or marriage.

A deed in fee simple is a conveyance of the absolute and entire ownership of the land.

A warranty deed is a conveyance in which the grantor agrees to be answerable for any defect whatever that there may be in the title.

A quit-claim deed is one whereby the grantor conveys away all the title (if any) that he may perchance have in the land.

A trust-deed is a conveyance by which the grantee takes the estate upen some trust, or for some special purpuse, therein specifieu.

A mortgage is a deed of lands conditionally, and is usually given to secure the payment of money, by pledging the land of the grantor therefor. It is usual to execute a bond, bearing date on the same day with the mortgage, specifying the amount to be paid, the time when it is to be paid, and the interest agreed upon, to secure which the mortgage is given. In some states a promissory note is used instead of a bond. The description of the premises should be exact, so that they may be readily identified.

These instruments should always be sealed, subscribed by the person

whose estate is conveyed, and by that person acknowledged before the proper officer. .

If it be impossible to acknowledge the instrument at the time of execution, it is advisable always (and in some states requisite) that it should be witnessed by two subscribing wit

nesses.

The person to whom the conveyance is made should immediately have ine instrument recorded in the

proper

office.

When a deed, mortgage, or release, is executed to two or more persons, the whole name of each should be given ; and also when they are the grantors, each should sign his individual name. Never sign as a firm.

As to acknowledgments, and the rights of the wife, see the respective states. For form of satisfaction of mortgages, see “ RELEASE AND SatisFACTION.”

No. 54.-Simple Deed, with Warranty. This Indenture, made the fifth day of December, in the year one thousand eight hundred and fifty, between John Doe, of the city of Detroit, in the county of Wayne, and state of Michigan, of the first part, and RICHARD Roe, of the same place, of the second part—*

Witnesseth, that the said party of the first part, for and in consideration of the sum of ten thousand dollars, lawful money of the United States, to him duly paid before the delivery hereof, hath bargained and sold, and by these presents doth grant and convey to the said party of the second part, his heirs and assigns, for ever, all that certain piece or parcel of land, lying and being in the county of Shiawassee, and state of Michigan, and which is known and described as follows, to wit :

The north half of the northeast quarter of section number ten of town number eight north, in range number six east, containing eighty acres more or less, together with all and singular the tenements, hereditaments, and appurtenances, and all the estate, title, and interest, of the said party of the first part therein. And the said party of the first part doth hereby covenant and agree with the said party of the second part, that at the time of the delivery hereof, the said party of the first part is the lawful owner of the premises above granted, and seized thereof in fee simple absolute, and that he will. warrant and defend the above-granted premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, for ever.

In witness whereof, I have hereunto set my hand and seal, this fifth day of December, one thousand eight hundred and fifty.

JOHN DOE (seal). Sealed and delivered in the presence of John SMITH, PETER JONES.

6*

No. 55.-Simple Deed, without Warranty. This Indenture, &c. (as in No. 54 to the * ]

Witnesseth, that the said John Doe, for and in consideration of one thousand dollars, lawful money of the United States, to him in hand paid by the said Richard Roe, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold, and by these presents doth grant, bargain, sell, convey, and confirm, unto the said RICHARD Roe, his heirs, executors, administrators, and assigns, for ever, all and singular that certain piece or parcel of land situate in the town of Andover, in the county of Windham, and state of Vermont (here describe the land], together with all and singular the tenements, hereditaments, and appurtenances, thereúnto belonging; and the reversions, remainders, rents, issues, and profits

thereof, and all the estate, title, and interest, of the said John Doe, to the said premises, or any part thereof.

In witness whereof, &c. [as in No. 54).

No. 56.-Quit-claim Deed by Husband and Wife..

This Indenture, made the tenth day of April, in the year one thousand eight hundred and fifty, between JOIN Doe, of the city of Nashville, in the county of Davidson, and state of Tennessee, and Susan his wife, parties of the first part, and Richard Roe, of the town of Lebanon, in the county of Wilson, and state of Tennessee, party of the second part

Witnesseth, that the said parties of the first part, for and in consideration of the sum of two thousand dollars, lawful money

of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have remised, released, and quit-claimed, and by these presents do remise, release, and quit-claim, unto the said party of the second part, and to his heirs and assigns, for ever, all that certain piece or parcel of land lying and being situated in the town, &c. [here describe the land], together with all and singular the tenements, hereditaments,

* It will be understood that the forms in which the wife is included are also correct for a single person, by the omission of those parts which refer to the wife and her interest in the property.

and appurtenances, thereunto belonging or in anywise apper. taining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, proparty, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, or to the above-described premises, and every part and parcel thereof with the appurtenances. To have and to hold all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, his heirs, and assigns, for ever.

In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.

JOHN DOE (seal).

SUSAN DOE (seal).
Sealed and delivered in the presence of

John Smith,
John Jones.

}

No. 57.-Deed, by Husband and Wife, with full

Covenants (or Warranty). Chis Indenture, &c. [as in No. 56 to the t]

Witnesseth, that the said parties of the first part, for and in consideration of the sum of twelve hundred dollars, lawful money of the United States, to them in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors, and administrators, for ever released and discharged from the same, by these presents, have granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey, and confirm, unto the said party of the second part, and to his heirs and assigns, for ever,

all that, &c. (here describe the property], together with all and singular the tenements, hereditaments, and appúrtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, dower and right of dower, property, possession, claim, and

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demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances. To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof, for ever.

And the said John Doe, for himself, his heirs, executors, and administrators, doth covenant, grant, and agree, to and with the said party of the second part, his heirs and assigns, that the said John Doe, at the time of the sealing and delivery of these presents, was lawfully seized in his own right of a good, absolute, and indefeasible estate of inheritance, in fee simple, of and in all and singular the above granted and described premises, with the appurtenances, and has good right, full power, and lawful authority, to grant, bargain, sell, and convey the same, in manner aforesaid : and that the said party of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, use, occupy, possess, and enjoy the above-granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance, of the said parties of the first part, their heirs or assigns, or of any other

person or persons lawfully claiming or to claim the same: and that the same now are free, clear, discharged, and unencumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances, of what nature or kind soever : and also that the said parties of the first part and their heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title, or interest, of, in, or to the herein before-granted premises, by, from, under, or in trust for them or either of them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said party of the second part, his heirs and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, conveyances, and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted or so intended to be, in and to the said party of the second part, his heirs and assigns, for ever, as by the said party of the second part, his heirs or assigns, his or their counsel learned in the law, shall

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