and Y. Z., of

Rhode Island ;-South Carolina.

of the other part, WITNESSETH, that the said A. B., for and in consideration of the sum of dollars, lawful money of the United States of America, unto A. B. well and truly paid by the said Y. Z., at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release and confirm unto the said Y. Z., his heirs and assigns, forever [here insert the description of the premises], together with all and singular the , ways, waters, water-courses, 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 all the estate, right, title, interest, property, claim and demand whatsoever of A. B., in law, equity or otherwise, howsoever, of, in and to the same, and every part thereof [if subject to encumbrance, say, subject to a mortgage, etc., or otherwise describing it], to have and to hold the said hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances [subject as aforesaid], unto the said Y. Z., his heirs and assigns, to and for the only proper use and behoof of the said Y. Z., his heirs and assigns, forever. And the said A. B., his heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Y. Z., his heirs and assigns, that he, the said A. B., and his heirs, all and singular the hereditaments and premises hereinabove described and granted, or mentioned and intended so to be, with the appurtenances unto the said Y. Z., his heirs and assigns, against him the said A. B., his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim the same, or any part thereof, shall and will warrant and forever defend.

IN WITNESS WHEREOF, the said parties to these presents have hereunto interchangeably set their hands and seals(h) [or, WITNESS my hand and seal(h)].

Dated the day and year first above written.

Sealed and delivered in

the presence of us.

[Signatures of witnesses.]

Rhode Island.

[Words of inheritance are necessary to convey a fee.

The forms given for Massachusetts are appropriate.

[Signature and seal.]

A seal is necessary, and it should be by impression on wax or wafer. Two witnesses are usual. The deed must also be acknowledged.]

South Carolina.

[A scroll is a sufficient private seal for a deed. There should be two witnesses.}

(h) The omission of the words "and seal," is not fatal. Miller v. Binder, 28 Penn. St., 489.

Deeds for Tennessee;-Texas ;-Vermont.

State of South Carolina:

665. Deed with Warranty.(i)

in the State

KNOW ALL MEN by these presents, that I, A. B., of aforesaid [yeoman], in consideration of to me paid by Y. Z., in the State aforesaid, have granted, bargained, sold and released, and by these presents do grant, bargain, sell and release unto the said Y. Z., all that [here describe the land], together with all and singular the rights, members, hereditaments and appurtenances to the said premises belonging, or in any wise incident or appurtenant. TƠ HAVE AND TO HOLD all and singular the premises before mentioned, unto the said Y. Z., his heirs and assigns, forever. AND I DO HEREBY bind myself, my heirs, executors and administrators, to warrant and forever defend all and singular the said premises unto the said Y. Z., his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.()

WITNESS my hand and seal, this Lord one thousand eight hundred and independence of the United States of America.

Signed, sealed and delivered

in the presence of

[Signatures of two witnesses.]

in the year of our

day of

and in the

year of the

[Signature and seal.]

Tennessee.

[Words of inheritance are not necessary to convey the fee.(k)

A scroll, or the word "Seal," written after the signature, is sufficient as a private seal, or for an officer for whom no public seal is provided.](?)

Texas.

[Words of inheritance are not necessary to convey a fee.

A scroll is a sufficient seal for deeds, provided that the person executing recognizes it in the body of the instrument as having been affixed by way of seal.(m) Two subscribing witnesses are usual.]

Vermont.

[Words of inheritance are necessary to convey a fee.

The forms given for Massachusetts are appropriate.

A seal is required, and it should be an impression on wax or wafer. Two subscribing witnesses are required. Deeds executed within the State must be acknowledged.]

(i) This form is declared sufficient by statute in South Carolina. 5 Pub. L., 256, § 1. And in Texas, Hartl. Dig., 129, art. 170.

(j) This is held to import all the five covenants: seizin, right to convey, quiet enjoyment, free from encumbrances, and in effect also further assurance. Jeter v.

Glenn, 9 Rich., 874; Faries v. Smith, 11
Ib., 80.

(k) Cromwell v. Winchester, 2 Head,

889.

(2) Whitley v. Davis, 1 Swan, 383. (m) English v. Helms, 4 Tex., 228; Much leray v. Bethany, 28 Ib., 163.

Virginia.

Virginia.

[Words of inheritance are not necessary to convey a fee.(n)

A scroll is a sufficient private seal for a deed. There should be two witnesses, but an acknowledgment by the grantor dispenses with the necessity of witnesses.]

666. Quit-Claim Deed.(0)

between [here insert names of parties], WITNESSETH, that in consideration of [here state the consideration], the said doth [or, do] release to the said

all his claims upon the said lands-to wit: [describing them]. WITNESS the following signature and seal.

[here insert names of parties], WITNESSETH, that in consideration of [here state the consideration], the said

bargain, sell and grant all, etc. [here describe the property,(q) and insert covenants or any other provisions].

WITNESS the following signature and seal.(r).

668. Deed With Covenant Against Grantor's Acts. [As in preceding form, inserting at the *:] And the said nants(s) that he has done no act to encumber the said lands.(t)

669. Warranty-Deed, With Full Covenants.

[As in Form 667, inserting at the *:] And the said

(n) Code, 503; Humphrey v. Foster, instrument, or in the attestation of the 18 Gratt., 564.

(r) It must be stated in the body of the $16.

Deeds for Virginia;-Wisconsin.

that he will warrant generally the property hereby conveyed(u) [or, will warrant specially the property hereby conveyed](v); that he has the right to convey the said land to the grantee; (w) that the grantee shall have quiet possession of the said land(x) [and may add, free from all encumbrances;](y) that he will execute such further assurance of the said lands as may be requisite.(z)

670. Deed of Trust to Secure Debts, etc.(a)

THIS DEED, made the

day of

[the grantor], of one part, and

part, WITNESSETH, that the said

unto said

[the trustee], of the other [the grantor] doth [or, do] grant

[the trustee] the following property: [here describe it], in trust to secure [here describe the debts to be secured or the securities to be indemnified, and insert covenants or any other provisions the parties may agree upon].

WITNESS the following signatures and seals.

[Signatures and seals.]

671. Deed of Life Estate.(b),

[As in Form 666 or 667, inserting after the description of the property:] TO HAVE AND TO HOLD and enjoy all and singular the said lands and appurtenances, for the natural life of the said Y. Z.

Wisconsin.

[Conveyances may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged, or proved and recorded. Deeds executed within the State, of lands therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such.(c) Deeds executed without the State may be executed according to the laws of the place.

A scroll or device, whether written or printed, if used as a seal, is sufficient in any case, except where official seals are provided by law.](d)

(y) This is equivalent to the full covenant against encumbrances. Ib., § 14. (2) This is equivalent to the full covenant for further assurance. Ib., § 15. (a) This form is given by statute. Code of 1849, 508, § 5.

(6) This form is sustained by Humphrey v. Foster, 13 Gratt., 653. The habendum controls the grant.

(c) Rev. Stat., 1858, 537, §§ 1, 8, 9, 11. (d) Rev. Stat., 1858, 543, § 39. Wil liams v. Starr, 5 Wisc., 584.

Forms Applicable in all the States.

II. FORMS GENERALLY APPLICABLE.

[These forms, though chiefly based on the law and practice of the State of New York, are appropriate to the practice in many other States; and are, it is believed, valid and sufficient forms in all of the States for the cases to which they are adapted.

Most of the States in which peculiar forms are in vogue are noticed in alphabetic order above.]

and State of

day of

between A. B., of

in the year one thousand

merchant, of the first part, and Y. Z., of in the said county, farmer, of the second part, WITNESSETH [here will follow the provisions of the instrument, concluding thus:]

IN WITNESS WHEREOF, to one part of these presents, remaining with the said parties of the first part, tlie said parties of the second part have affixed their hands and seals; and to the other part thereof, remaining with the said parties of the second part, the said parties of the first part have caused the common seal of the said city of

to be affixed the day and year

[Signatures, etc., accordingly.]

unnecessary; and with us the term indenture does not imply any thing more than that the instrument (being of course under seal) is not a mere grant, but contains matter intended to bind both parties. Indeed, the word is often used in the heading of a mere grant, which formerly would have been called a deed-poll. And where an indenture for the conveyance of land is executed by both parties to it, it is usual to make but one instrument, and to deliver it to the grantee; for the practice of recording deeds leads to dispensing with a counterpart. It is only where two copies are made, one to be signed by each party, and interchangeably delivered, that the above form is used.

(e) The distinction between deeds in the form of indenture and those in form of deed-poll, has now no essential legal importance. The practice in some States has adopted one, in some the other form. Technically, an indenture, the form of ⚫ which is given above, was an instrument executed by two or more parties, containing provisions binding each one to the other; and it was originally deemed essential that the instrument be written in two copies upon different parts of the same parchment, and then the parts were cut asunder in a waving or notched line. Hence the name "indenture." One copy was sealed by one party, who delivered it to the other party, and received from the latter in turn the other part, with his seal Where a deed is thus interchangeably thereon. executed, each part is the deed of both In modern conveyancing, indenting is Dudley v. Sumner, 5 Mass., 488.