shall be valid in law, to convey all the estate and title which such feme coverts may or shall have in any lands so conveyed, and shall be received in evidence in courts of law and equity, without further proof-Act 1822.

If the wife be not privily examined, it is the same as though she had never executed the deed-none of her separate interest passes. It conveys a freehold estate, but not an estate of inheritance.

FORM OF A DEED FOR LAND SOLD UNDER A TRUST.

This indenture made on the twentieth day of November, A. D. one thousand eight hundred and fifty-two, between A B of the county of Wake, and State of North Carolina, on the one part, and C D of the county of Nash, and State of North Carolina, on the other part, witnesseth, that whereas, by virtue of a certain deed of trust made by one E F to the said A B on the first day of May, A. D. one thousand eight hundred and fifty, to secure the payment of a debt of dollars, and interest due to one G H, as will fully appear on reference being had to the said deed, the condition of which not being complied with, the said A B did, according to said conditions, expose to public sale the property therein mentioned, and thereby conveyed, that is to say one tract of land hereinafter particularly described, and the said C D, being the last and the highest bidder at the price of dollars, became the lawful purchaser. Now, therefore, this indenture witnesseth, that the said A B, for and in consideration of the said sum of dollars to him in hand paid, by the said C D, the receipt whereof is hereby fully acknowledged, hath given, granted, bargained and sold, and by these presents doth give, grant, bargain and sell unto the said C D all the aforesaid tract or parcel of land lying and being in the said county of Wake, and State of North Carolina, situated on the waters of Neuse, bounded as follows, viz: [here describe the boundary,] containing acres, be the same more or less. To have and to hold the said tract of land, together with all and singular the woods, ways, waters, mines, minerals, improvements, privileges and appurtenances thereunto belonging or in any wise appertaining to him the said C D, his heirs and assigns,

absolutely in fee simple forever, free and discharged of and from any and all incumbrance or incumbrances whatsoever, and all the estate, right, title and interest hereby conveyed, or intended to be conveyed, the said A B doth covenant and agree to and with the said C D, his heirs and assigns, to warrant and forever defend so far forth as he has power and lawful authority to convey and assure the same by virtue of his office and duty as trustee, and no further. In testimony whereof, the said A B, doth hereunto set his hand and seal, the date first above written.

Signed, sealed and delivered in the presence of

J B.

}

A B. [SEAL]

FORM OF A DEED OF TRUST ON REAL PROPERTY.

This Indenture, made on the ninth day of August, one thousand eight hundred and fifty-two, between A B of the county of Wake and State of North Carolina on the first part, and CD of the county of Orange and State of North Carolina on the second part, and E F of the county of Franklin and State of North Carolina on the third part: Witnesseth, that whereas the said A B is justly indebted to the said E F in the sum of dollars, as on reference to a certain bond or note, bearing even date with these presents, will more fully and at large appear; and whereas the said A B is honestly desirous to secure the payment of said debt: Now therefore, this Indenture witnesseth, that for and in consideration of the premises, together with the further consideration of the sum of dollars to the said A B, in hand paid by the said C D, the receipt whereof is hereby acknowledged in full, he, the said A B, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said C D), a certain tract of land lying and being in the county of Wake and State of North Carolina, on the waters of Neuse, and bounded as follows, viz: beginning at, &c., [here set forth the courses of the lines, lengths, &c. in words, not in figures,] to have and to hold the said lands and premises, and all and singular the tenements, hereditaments, woods, ways, waters, mines, minerals, improvements, rents, issues, profits, remainders, reversions, privileges

and appurtenances thereto belonging, or in any wise appertaining, to him the said C D, his heirs, executors and administrators, in fee simple forever, free and discharged of any and all incumbrances whatsoever. In special trust and confidence, nevertheless, that the said C D, shall and will hold, keep, use and apply the same to the uses and intents following, and no other, that is to say, that if the aforesaid debt and every part thereof, together with the lawful interest that may have accrued on the same, shall not be fully paid off and satisfied on or before the ninth day of June, 1853, then and in that case, it shall be lawful, and shall be the duty of the said C D, being thereunto required by the said E F, having first advertised the same at the Court-house in the town of Raleigh, and three other public places within the county of Wake, for the space of twenty days, to proceed to sell the said lands and premises at public auction to the highest bidder, for ready money, and convey the same by proper and sufficient assurances to the purchaser. And out of the proceeds or monies arising from said sale, to retain all the necessary expenses of this trust; and then pay off and discharge the said debt and interest, or such a part thereof as shall remain unpaid at the time of said sale; and the overplus (if any) he shall truly and faithfully return to the said AB, his executors and administrators.

And it is further covenanted and agreed by and between all the parties to these presents, that, in the mean time, that is to say, from the date hereof until the said ninth day of June, 1853, the said A B, shall be privileged and entitled to live on the said lands and premises, and take, use and apply the rents, issues and profits, and every part thereof, to his own use and benefit. And if, at any time before the sale of the property, the said A B, shall pay off and discharge the aforesaid debt and interest, together with all necessary expenses hereby incurred—then and in that case, this Indenture, and every part and clause thereof, shall be utterly void and of no effect; otherwise to remain in full force.

In testimony whereof, the said parties to these presents do hereunto set their hands and seals, the date first above written. A B, [SEAL.]

Signed, sealed and delivered

in the presence of

G H.

QUIT CLAIM DEED.

Know all men by these presents, That I, A B, of Raleigh, in the county of Wake, and State of North Carolina, gentleman, in consideration of dollars, to me paid by C D, of Raleigh, the receipt whereof is hereby acknowledged, do by these presents, grant, remise, release, and forever quit-claim, unto the said CD, his heirs and assigns, all my right, title, interest and estate, in and to a lot of land, situated in Raleigh, bounded and deseribed as follows, to wit: [here describe the premises.]

To have and to hold the above-released premises to him the said C D, his heirs and assigns, and to his and their use and behoof forever; so that neither I, the said A B, nor my heirs, nor any other person or persons, claiming, by, from, or under me or them, or in the name, right, or stead of me or them, shall or will, by any way or means, have, claim, or demand any right or title to the above-released premises, or to any part or parcel thereof, forever.

In witness whereof, I the said A B, have hereunto set my hand and seal, this first day of March, in the year of our Lord eighteen hundred and fifty-two.

Signed, sealed and delivered, }

in presence of us,
ED,
E F.

A B, [SEAL.]

QUIT CLAIM DEED.

(Where the original is lost.)

This indenture, made on the tenth day of August, between A B, of the county of Wake, and State of North Carolina, on the one part, and C D of the county of Wake, and State of North Carolina, on the other part, witnesseth that whereas, on or about the fifth day of May, the said A B, for and in consideration of the sum of

said C D, did sell and

dollars, to him in hand paid by the convey to the said C D, a certain tract

of land in the county of Wake, and State of North Carolina, on the waters of Neuse, bounded as follows, viz: [here describe the boundary,] and whereas, the said tract of land was by the said A B, conveyed and assured to the said C D, his heirs and assigns, by a certain deed of absolute conveyance, with full covenants, duly executed, which said deed of conveyance is now supposed to be lost, never having been registered according to law; now therefore, this indenture witnesseth, that for and in consideration of the premises, together with the further consideration of one dollar to him in hand paid by the said C D, the receipt whereof is hereby fully acknowledged, he the said A B, hath given, granted, released, confirmed and quitted claim, and by these presents doth give, grant, release, confirm and quit claim, unto the said A B, his heirs and assigns, all his right, claim, interest and property in and to the said tract of land, to have and to hold, together with all and singular the improvements, privileges and appurtenances thereunto belonging, or in any wise appertaining to him the said CD, his heirs and assigns, in fee simple, forever, free of any and all incumbrances whatsover.

In testimony whereof, the said A B, doth hereunto set his hand and seal, the date first above written.

A B. [SEAL.]

Note.-1. A deed of trust is good and sufficient if it be signed and executed by the trustor only, yet it is preferable and at present the most customary way, for all the parties to sign it-for then all are bound at law by the covenants contained in it.

2. Marriage settlements are drawn nearly in the same form as ordinary deeds of trust, but usually more lengthy; and being always drawn by learned counsel, it is deemed unnecessary to insert the form here.