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mentioned, well and truly pay, or cause to be paid to us, his several creditors, the said sum of cents on the dollar of each of our several and respective claims and debts against him.

And all and each of the grants, covenants and agreements herein contained, shall extend to and bind our several executors, administrators and assigns, as well as ourselves.

In witness whereof, we have hereunto set our, &c.

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COVENANTS TO DEEDS.

AND I, the said C. D., for myself and my heirs, executors and administrators, do hereby covenant to and with the said G. H., his heirs and assigns, that I will, &c.

And we, the said A. B. and B. B., for ourselves and our heirs, executors, and administrators, do hereby jointly and severally covenant to and with the said C. C., his heirs and assigns, that, &c.

And I, the said A. A., for myself and my heirs, do hereby covenant and agree to and with the said B. B., and his heirs and assigns, that I am now the owner of said premises, and am seized of a good and indefeasible estate of inheritance therein, and that I have full right and power to sell and convey the same in fee simple absolute; that the said premises are free and clear of all incumbrances; that the said B. B., his heirs and assigns, may forever hereafter have, hold, possess, and enjoy the same, without any suit, molestation, or interruption, by any person whatever, lawfully claiming any right therein.

And that I, the said A. A., and all persons hereafter claiming under me, will at any time hereafter, at the request and expense of the said B. B., his heirs or assigns, make all such futher assurances for the more effectual conveying of the said premises, with the appurtenances, as may be reasonably required by him or them.

And the said A. B. doth hereby, for himself, his heirs, executors and administrators, covenant, and agree, to and with the said C. D., his heirs, executors, administrators, and assigns,

that the said C. D., his heirs and assigns, shall and may peaceably and quietly have, hold, and enjoy the said lands, tenements, hereditaments, and premises, and every part and parcel thereof, without the let, suit, trouble, eviction, or disturbance of the said A. B., his heirs or assigns, or of, or by any other person or persons lawfully claiming, or to claim from, by, or under, or in trust for him, them, or any of them.

DEEDS.*

[Deeds must be acknowledged and recorded.-See Forms of Acknowledgment, pages 5, 6, 7, and 8.] Quit-Claim Deed.t

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KNOW ALL MEN BY THESE PRESENTS, That we, A. B., -, in the county of, merchant, and B. B., also single woman, in consideration of the sum of dollars to us paid by C. D. of - in the county of farmer, (the receipt whereof, is hereby acknowledged,) do hereby convey, remise, release, and forever

* From the numerous legal instruments we are constantly printing for attorneys and others, we have selected for this work Quit Claim and Warranty Deeds, Mortgages, Releases, Bonds, Powers of Attorney, &c. &c. Many, however, of the instruments are original, the productions of eminent attorneys, and are now for the first time published.

† All instruments, under seal, are deeds in law. But in common acceptation a deed is a conveyance of land.

A deed must be founded upon good and sufficient consideration, and made by persons able to contract and be contracted with.

The subject matter should be legally and orderly set forth, having sufficient words to describe the agreement, and bind the parties.

It should be read previous to the execution, by the grantor, or another at his request may read it for him.

It should be witnessed by two or more persons, and be delivered to the party by himself or attorney.

When an erasure or interlineation appears in a material part of a deed, it should be noticed and explained in the margin.

A deed to be good against attaching creditors of the grantor, or subsequent grantees, and all other persons, should be recorded.

Different provisions have been made in several States as to the method of acknowledging, and recording Deeds. See pp. 5-8

† SEC. 1. No estate of inheritance or freehold, or for a term exceeding one year, in lands or tenements, shall be conveyed from one to another by deed, unless the same be in writing, signed, sealed and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, public notary or town clerk, by the party or parties who shall have sealed or delivered it, and recorded or lodged to be recorded in the office of the town clerk of the town where the said lands or tenements do lie.-P. Laws of Rhode sland.

SEC. 2. All bargains, sales and other conveyances whatsoever of any lands, tenements or hereditaments, whether they be made for passing any estate of freehold or inheritance, or for term of years, exceeding the term of one year, and all deeds of trust and mortgages whatsoever, which shall hereafter be made and executed, shall be void unless they shall be acknowledged and recorded as aforesaid: provided, always, that the same between the parties and their heirs shall nevertheless be valid and binding.-P. Laws of Rhode Island.

Quit Claim unto the said C. D., his heirs and assigns, a certain farm and tract of land situate in -, aforesaid, consisting of about acres, with all the buildings thereon standing, bounded and described as follows, viz: [here insert description and boundaries:] with all the rights, easements, privileges and appurtenances thereto belonging.

To have and to hold the above released premises, to the said C. D., his heirs and assigns, to his and their use and behoof forever.

And we, the said A. B. and B. B., for ourselves and our heirs, executors and administrators, do covenant with the said C. D., his heirs and assigns, that the premises are free from all incumbrances made or suffered by us; and that we will, and our heirs, executors and administrators shall warrant and defend the same to the said C. D., his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under us, but against none other.

In witness whereof, we the said A. B., and B. B., [both unmarried]* have hereunto set our hands and seals, this day of in the year of our Lord eighteen hund

red and forty

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Signed, sealed and delivered in presence of

(L. s.)

R. B.

S. D.

Quit-Claim Deed.

to us in

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KNOW ALL MEN BY THESE PRESENTS That we, A. B., of in the county of, and C., the wife of the said A, in consideration of the sum of hand paid by D. E., of —, in the county of receipt whereof we do hereby acknowledge, have bargained, sold, and quit-claimed, and by these presents do bargain, sell, and quit-claim, unto the said D. E., and to his heirs, and assigns for ever, all our, and each of our right, title, interest, estate, claim, and demand, both at law and in equity, and as well in possession as in expectancy, of, in, and to all that certain farm, or piece of land, situ

* If either of the grantors be married there should be a release of dower.

ate in [here describe it,] with all and singular, the hereditaments and appurtenances thereunto belonging. In witness whereof, we, the said A. B., and C. B. wife of the said A. B., have hereunto set our hands and seals this

day of in the year

Executed and delivered in presence of

A. B.

(L. s.)

C. B.

(L. s.)

Warranty Deed.

in the

KNOW ALL MEN BY THESE PRESENTS, That I, R. B., of —, in the county of -, merchant, in consideration of dollars paid to me by T. A., of county of, farmer, (the receipt whereof is hereby acknowledged,) do hereby give, grant, bargain, sell and convey unto the said T. A., his heirs and assigns, a certain tract or parcel of land, with the buildings thereon, and all the privileges and appurtenances to the same belonging, situate in in said county, and bounded and described as follows.* [Here describe the land.] To have and to hold the above granted premises, to the said T. A., his heirs and assigns, to his and their use and behoof forever.

And I, the said R. B., for myself and my heirs, executors, and administrators, do covenant with the said T. A., his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all incumbrances; that I have good right to sell and convey the same to the said T. A., his heirs and assigns forever, as aforesaid; and that I will, and my heirs, executors and administrators shall, WARRANT and DEFEND the same to the said T. A., his heirs and assigns forever, against the lawful claims and demands of all persons.

In witness whereof, we, the said R. B., [and M. B. wife of the said R. B., in token of her release of all right and title of or to dower, in the granted premises,]† have hereunto set our hands and seals, this day of year of our Lord eighteen hundred and forty

Sealed and delivered in presence of

R. B.

-, in the

M. B.

[L. S.] [L. S.]

* [Being a certain piece designated as lot on a plan of land formerly bolonging to T. & S., which plan was made by J. L., dated November-, 18-, and recorded with the -- Deeds; and to which plan reference is here made for a further description of the location and boundaries of said lot. Said lot-bounded and measuring according to said plan as follows :--]

Instead of the above, enclosed in [], insert, if the case be so, the word unmar

Deed of Assignment of Interest in Real Estate for a Term of Years.

*

KNOW ALL MEN BY THESE PRESENTS, That A. B., of in the county of — bookseller, in consideration of dollars to him paid by S. H., of - ―, mason, the receipt whereof is hereby acknowledged, does grant, sell and assign unto the said S. H., one undivided third part of a certain dwelling house in street, in said with the land under and adjoining the same, and the privileges and appurtenances thereto belonging. The said dwelling house being the same formerly owned by E. M. C., late of said deceased, and by his last will and testament demised to E. A. and others; the said premises being subject to certain leases to the present tenants thereof.

To have and to hold, the above-granted premises to the said S. H., his heirs, executors, administrators and assigns, for and during the term of years, from the eighteen hundred and if the said A. B. shall so long live.

day of

And the said A. B. does hereby grant to the said S. H., full power and authority to receive the rents and profits of the above-granted premises, and in his name or otherwise to give full discharge therefor.

In witness whereof, the said A. B. has hereto set, &c.

Sealed and delivered in presence of

A. B. (L. s.)

Deed of Division or Partition.†

Know All Men by these PRESENTS, That we, A. B.,

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in the county of

,

gentleman; and C. D. of merchant, stand seized in

fee simple, as tenants in common, of and in a certain tract or parcel of land situate in in the county of and bounded as follows:-[here insert the boundaries] containing acres, with appurtenances to

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the same belonging.

The above Assignment of Interest in Real Estate can be made, for value received, either to obtain a loan of money, or prevent execution; but in the latter case, the consideration mentioned and actually paid must be such as to prevent a charge of fraud.

† Partition of lands may be made by common Deed of Quit-Claim, each party quit-claiming the portion which the other is to hold in severalty, by petition to the Court of Common Pleas, or Supreme Court. Such petition can be only maintained by a person who has an estate in possession, and not by one who has only a remainder or reversion.

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