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Deed of Release of Property from Attachment. For and in consideration of the sum of
dollars to me in hand paid by A. and B., I do hereby grant, remise, release, and forever discharge the following described lands and premises, to wit: together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or appertaining, and the rents, issues, and profits thereof, from all claim to or interest in the same, or any part thereof, which I may have under and by virtue of a certain writ of attachment issued out of the district court of the
judicial district, in an action pending in said court, between me, as plaintiff, and the said A. and B., as defendants, and tested on the
day of in the year 1859, and from all lien or incumbrance that has attached to the same by reason of the issuing or levy of said writ of attachment, as free and clear in all respects as though said writ of attachment had not been issued or levied; and also from any and all claim to or interest in the premises, by reason of any other matter or thing soever.
In witness whereof, I have hereunto, and to a duplicate hereof, set my hand and seal, this day of
A. D. 1859. Sealed and delivered in
[L. s.] presence of
Deed of Confirmation on Coming of Age. This indenture, made, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part : Whereas, by a certain deed of bargain and sale, bearing date on or about the, &c., and made between C. B. and A. B., of the one part, and the said C. D. of the other part, for the consideration of dollars, the premises therein mentioned and hereinafter intended to be released and confirmed, are thereby granted and conveyed, or intended so to be, unto and to the use of the said C. D., his heirs and assigns, forever; as by the said indenture of bargain and sale, relation being thereunto had, may more fully appear. And whereas, the said Å. B., at the time of the date and making the said in part recited indenture of bargain and sale, was not of the age of twenty-one years, but hath since attained to such age, and hath this day, and before the execution of these presents, duly sealed and delivered the said in part recited indenture of bargain and sale : Now this indenture witnesseth: that, as well in the performance of a covenant for further assurance in the said indenture of bargain and sale contained, as also for and in consideration of the sum of
dollars, to him, the said A. B., in hand paid by the said C. D., the receipt whereof the said A. B. doth hereby acknowledge, he, the said A. B., hath remised, released, aliened and quit-claimed, and by these presents doth absolutely remise, release, alien and forever quit-claim and confirm, unto the said C. D., in his actual possession now being, by virtue of the before-mentioned indenture of bargain and sale, and to his heirs and assigns, all [description:] To have and to hold the above-mentioned premises to the use of the said C. D., his hieirs and assigns, forever. [Insert such covenants as may
In witness, &c.
Same by Endorsement. Be it known, that the within indenture was executed by A. B. therein named, while under the age of twenty-one years, who has now attained his full age of twenty-one years; and that the said A. B. has, on this
sealed and delivered this present indenture as his own act and deed.
In witness whereof, the said A. B. has herennto set his hand and seal, the day and year above written.
Deed of Confirmation-Concluding Part. The premises hereby conveyed being the same which were heretofore conveyed or intended to be conveyed, by said party of the first part, one A. B., on and bearing date the 14th day of December, A. D. 1859, and recorded in the county recorder's office of the county of San Francisco, in Liber 1 of Deeds, at page 100, December 14th, 1859. The title and interest of said A. B. in said premises having since that time become vested in the said party of the second part-this deed being executed by way of confirmation of the said deed so executed to the said.A. B., and for the purpose of vesting the title to such premises in his grantee thereof.
In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written.
Sealed and delivered in the presence of
Corporation Deed. This indenture, made the
year one thousand eight hundred and
between the Moke lumne Mining Canal Company (or, the California Insurance Company], of the first part, and C. D., of, &c., [as in foregoing forms, and conclude :] To have and to hold the above granted, bargained and described premises, with the appartenances, unto the
said party of the second part, his heirs and assigns, to his and their own proper use and benefit, forever.
In witness whereof, the said party of the first part hath hereunto cansed their corporate seas to be affixed, and these presents to be subscribed by their president [or, secretary, or, as the case Sealed and delivered, in
B. C. (L. S.] presence of M. N.
President of the Company. Deed of Exchange of Lands. This indenture, made, &c., between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, witnesseth: That the said A. B., in consideration of the conveyance hereinafter made to him by the said C. D., of lands of the value of at least one thousand dollars, and of the sum of five hundred dollars in cash, money in hand paid, to said A. B. by said C. D., hath given and granted, and by these presents doth give and grant, unto the said C. D., his heirs and assigns, all [description], with all and every of the appurtenances, said lands being of the value of at least one thousand five hundred dollars, in exchange of and for the lands hereinafter mentioned, of the said C. D., and for the additional consideration of money as above expressed : To have and to hold the said premises, with the appartenances, to the said C. D., his heirs and assigns, forever. And the said A. B. doth covenant, &c. [Insert such covenants as may be necessary.] And the said C. D. hath likewise, on his part, given and granted, and by these presents doth give and grant, unto the said A. B., his heirs and assigns, all (description], with all and every of the appurtenances, said lands being of the value of at least two thousand dollars, in exchange of and for the premises first above described : To have and to hold the above granted prernises, with the appurtenances, to the said A. B., his heirs and assigns, forever, as aforesaid. And the said C. D. doth covenant, &c. [as above).
In witness whereof, the said parties have hereunto set their hands and seals, &c.
Deed of Partition. This indenture made, &c., between A. B., of, &c., of the one part, and C. D., of the other part, witnesseth: That, whereas, they the said A. B. and C. D., do have and hold in common, and as tenants in common, in equal parts, all, &c, it is covenanted, granted, concluded, and agreed, by and between the said parties; and each of them, covenants, grants, concludes and agrees, for himself, his heirs and assigns, that a partition of the said lands
is to say:
and other premises be made in manner and form following, that
First. The said A. B. shall, from henceforth, have, hold, possess, and enjoy, in severalty by himself, and to him, and his heirs and assigns, for his half part, property, share and proportion of the said lands and premises, all, &c. Together with all and singular, the hereditaments and appartenances thereunto belonging, and the reversion and reversions, remainder and remainders, rents, issues and protits thereof.
And the said C. D., doth accordingly give, grant, release, and confirm unto the said A. B., his heirs and assigns, the lands and premises so as aforesaid set apart to the said A. B., as and for his part and share aforesaid; and, moreover, the said C. D., for himself, his heirs, executors and administrators, doth hereby covenant to and with the said A. B., his heirs and assigns, that he, the said A. B., his heirs and assigns, shall, and may from time to time, and at all times hereafter, well and peaceably have, hold, and possess, and enjoy the lands and premises herein before assigned and conveyed to the said A. B., for his part and share, as aforesaid ; free, clear, and discharged of and from all estate, rights, titles, interests, charges and encumbrances, whatsoever, had, made, caused, or suffered to be made, caused, or suffered, of or by the said C. D., or any person claiming or to claim, by, from or under him, and without any let, trouble, suit, entry, disturbance, or interruption of the said C. D., his heirs, or assigns, or of any person or persons lawfully claiming, or to claim, by, from, or under him, them, or any of them.
Second. The said C. D. shail, from henceforth, have, hold, possess, and enjoy, in severalty by himself, &c. (proceed to set his share as above, and add the covenants).
In witness, &c.
For other forms of deeds, tax deeds, sheriff's deed, executor's deed, &c., &c., see the forms under those titles respectively. .
ESTRAYS, LAWFUL FENCES AND ANIMALS TRESPASSING UPON PROPERTY.
In referring to the subjoined statute of 1856, and the amendments of the act of 1859, care must be taken to observe to which counties the original act applies, to which the act as amended applies, and which counties are exempt from the application of either statute.
The following is the statute concerning estrays, as applicable to the counties of Trinity, Tuolumne, Sacramento, and Santa Clara:
SECTION 1. Every citizen, resident householder, in any county in this state, on finding any estray horse, mare, mule, jack or jenny, or any neat cattle, or any number of such animals, upon his farm or premises, who shall desire to take up the same, shall, at any time after the expiration of twenty days from the finding the same, if such animal or animals remain on his farm or premises, go before some justice of the peace of his township, or if there be no acting justice therein, then before some justice of a neighboring township, and make oath that he has made diligent inquiry throughout his neighborhood to ascertain the ownership of such estrays, and that he has also put up ten days previously, a written notice, in one or more of the most pubile places in his township, naming the place or places, setting forth all the information in his possession concerning the said animals, embracing a description of the marks and brands thereof, and that he was about to post the same. He shall also, at the same time, make oath that the marks and brands of said animals lave not been altered since they came to his farm or premises, and that the owner or owners are unknown to him.
I Wood's Diy. art. 238€ -2393; Laws 1859, p. 119.