FORMS OF CONVEYANCES.

A DEED is an instrument in writing between parties legally able to contract, and duly signed, sealed and delivered. Deeds may be written on parchment or paper. Every instrument with a seal attached to it is a deed; but the word deed is generally applied in court only to conveyances of land.

In the State of New-York one witness to the execution of a deed is sufficient. Should there be no witness, it is necessary to havo the deed acknowledged by a Commissioner of Deeds. In Vermont, New Hampshire, Rhode Island, Connecticut, Ohio, Pennsylvania, Georgia, Illinois and Indiara, two witnesses are required. In South Carolina, Delaware and Tennessee, two witnesses are only required when the deed is to be proven by witnesses. In the other States no witnesses are necessary.

To render a person legally able to convey property to another by deed the following are necessary, viz:-1st, he or she must be a citizen; 2dly, of a sane mind; 3dly, he or she must be rightfully possessed of the property; 4thly, of age.

A deed takes effect from its delivery to the party to whom it is made or to his authorized agent. A promise to deliver a deed, if accompanied by any act or writing to that import, constitutes a delivery. Or it may be formally delivered, but yet be retained by the maker until certain conditions are performed; and it takes full effect upon the performance of such conditions.

A seal of wax or wafer should always be attached to each signature to a deed. In some of the Southern and Eastern States a circle or scroll with the pen is allowed in the place of a seal; but it is not always safe, and has sometimes led to litigation that might have been avoided if a wafer or sealing wax had been used

It is not safe to depart from the established forms of deeds. In law a deed consists of the following-1st, the names of the parties making it and to whom it is made; 2dly, the consideration (that is the amount of money) for which the land was sold; 3dly, the description of the property conveyed; 4thly, the quantity of interest in the property conveyed; and 5thly, the conditions, reser vations, and covenants (if any) on which it is conveyed.

A married man cannot convey away any part of his real estato without the consent of his wife; and if it shall be subsequently

proven that her consent was wrung or extorted from her through threats, or violence of any kind soever, her interest in the same can be recovered. Hence, it is necessary for her to acknowledge before a Commissioner of Deeds, who shall put the same in writ ing on the deed, and with his own name as a witness, that she signed the same of her own free will and without fear or coercion of any kind.

Deeds should be recorded without delay in the County Clerk's office of the county in which the property is situate. Neglect of this important step has often led to expensive law suits that might by proper attention to it in the beginning have been avoided.

Deed Without Covenants.

THIS indenture, made the day of, in the year of our Lord, one thousand, between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of fifty dollars, to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged: hath bargained and sold, and by these presents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns for ever, all, &c. [Here describe the property.] Together with all and singular, the hereditaments and appurtenances thereunto belonging, or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, or demand, whatsoever of him, the said party of the first part, either in law or equity, of, in, and to, the above bargained premises, and every part and parcel thereof. to have and to hold to the said party, of the second part, his heirs, and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns, for ever. In witness whereof, we have hereunto set our hands and seals, the day and year first above written.

Sealed and delivered

in presence of

JAMES MOORE,

A B. [L.S.]
C. D.

L.8.

ISAAC WISE.

Quit-Claim Deed.

to us

KNOW all men by these presents, that we, A. B., of, &c., and C., the wife of the said A., in consideration of the sum of in hand paid, by D. E., of, &c., the receipt whereof we do hereby

acknowledge, have bargainod, sold, and quit-claimed, and by those 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, situate, &c., [describing it,] with all and singular, the hereditaments and appurtenances thereunto belonging. In witness, &c. [as in General Form of Agreement.]

Deed with Covenants against the Grantor Only. THIS indenture, made this, &c., between A. B., of - —, of the one part, and C. D., of — of the other part, witnesseth: That the said A. B., in consideration of, to him in hand paid, by the said C. D., the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release, and confirm unto the id C. D., and his heirs and assigns for ever, all -; together with all and singular, the hereditaments and appurtenances whatsoever, to the same belonging or appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and every part and parcel thereof; and also all the estate, right, title, interest, trust, property, claim, and demand whatsoever, both at law and in equity, of the said A. B., in, to, or out of the said lands, tenements, hereditaments, and premises: to have and to hold the said lands, tenements, and hereditaments, and all and singular other the premises herein before mentioned, with their appurtenances, unto the said C. D., his heirs and assigns, and to his and their only proper use and behoof.

And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said C. D., his heirs, executors, administrators, and assigns, in manner and form following, that is to say: 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, o in trust for him, them, or any of them. And that the said lands, tenements, hereditaments, and premises, and every part and parcel thereof, now are, and from henceforth shall continue, remain, and be unto the said C. D., his heirs and assigns, free and clear, and freely and clearly acquitted, exonerated and discharged of, from, and against all former and other gifts grants, bargains, sales, mortgages, estates, titles, troubles, charges, and encumbrances whatsoever, had, made, done, committed, occa. sioned, or suffered, by the said A. B., or by any person lawfully,

claiming, or to claim by, from, or under him, or by his, their or any of their act, means, assent, or procurement.

And the said A. B., and his heirs, all and singular the aforesaid lands, tenements, hereditaments, and premises, and every part ani parcel thereof, unto the said C. D., his heirs and assigns, against him, the said A. B., his heirs and assigns, shall and will warrant and for ever defend by these presents.

In witness, &c. [as in General Form of Agreement.]

Deed with Full Covenants.

day of —, in the year

be

THIS indenture, made the tween A. B., of — and C., his wife, of the first part, and D. E., of of the second part, witnesseth: That the said parties, of the first part, for and in consideration of the sum of -, current money of the United States, to them in hand paid, by the said parties or the second part, at and before the ensealing and delivery of these presents, the receipt whereof they do hereby acknowledge; and thereof and therefrom, and of and from every part and parcel thereof, do acquit, release, exonerate and discharge the said party of the second part, his heirs, executors, administrators, and assigns, and every of them, by these presents have granted, bargained, sold, aliened, remised, released, and confirmed, and by these presents do fully, freely, and absolutely grant, bargain, sell, alien, remise, release, and confirm unto the said party. of the second part, and his heirs and assigns, for ever, all that messuage, or dwelling-house, and lot of land thereto belonging, situate, lying, and being, &c.; together with all and singular the hereditaments and appurte nances whatsoever, to the said messuage, lot of ground, and premises belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and of every part and parcel thereof, and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, of the said parties of the first part, and each of them, of, in, and to the same, or any part or parcel thereof: To have and to hold the said messuage and lot of ground and premises, with their, and every of their rights, members, and appurtenances, unto the said party of the second part, his heirs and assigns for ever, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns for ever.

And the said A. B. and his heirs, all and singular the aforesaid messuage, lot of ground, and premises, with their and every of their rights, members, and appurtenances, hereby granted and released, and every part and parcel thereof, unto the said party of the second part, his heirs and assigns, and against him, the said A. B., his heirs and assigns, and against all and every other person or persons whomsoever, shall and will warrant, and for ever defend by these presents.

And the said A. B., for himself, his heirs, executors, and admin. istrators, and each and every of them, doth hereby promise, cove nant, grant, and agree, to and with the said party of the second part, his heirs and assigns, in manner and forin following, that is to say that he, the said A. B., is at the time of the ensealing and delivery of these presents, the true, lawful, and rightful owner and proprietor of the said messuage and lot of ground and premises, with their, and every of their rights, members, and appurtenances, and every part and parcel thereof, of a good, pure, perfect, and indefeasible estate of inheritance, in fee simple, without any manner of condition, or limitation, of any use or uses, or any other matter, cause, or thing whatsoever, to determine, alter, change, or defeat the same.

And that he, the said A. B., has, in himself, good right, full power, and lawful and absolute authority, to grant, bargain, sell, remise, release and confirm the said messuage, and lot of land and premises, with their and every of their appurtenances, unto the said party of the second part, his heirs and assigns, in manner and form aforesaid.

And also, that he the said party of the second part, his heirs and assigns, and every of them, shall, and may, from time to time and at all times for ever hereafter, peaceably and quietly have hold, use, occupy, possess, and enjoy, all and singular, the premises hereintobefore mentioned, or intended to be hereby conveyed, and every part and parcel thereof, with their and every of their appur tenances, without any let, suit, trouble, denial, eviction, ejection, or interruption, whatsoever, of or by him, the said A. B., his heirs or assigns, or at, or by any other person or persons whatsoever, having, or lawfully claiming any estate, right, title, or interest, of, in, or to the same, or any part thereof, and that free and clear, and, freely and clearly acquitted, exonerated, and discharged of and from all, and all manner of former and other bargains, sales, gifts, grants, fcoffments, devices, dowers, rights, and titles of dowers, uses, issues, fines, annuities, debts, duties, judgments, executions, recognizances, and all other estates, rights, titles, troubles, charges, and encumbrances whatsoever, had, made, committed, done, or suffered, or to be had, made, committed, done, or suffered, in any wise whatsoever, by him the said A. B., or by any other person or persons whatsoever, having, or lawfully claiming any estate, right, title, or interest, of, in, or to the same, or any part or parcei

thereof.

And, moreover, that he, the said A. B., and his heirs, and all and every other person or persons, having, or lawfully claiming any estate, right, title, or interest, of, in, or to the said messuage, lot of ground, and premises, or any part or parcel thereof, by, from, or under him, shall and will, from time to time, and at all times hereafter, upon the reasonable request, and at the proper costs any charges of the said party of the second part, his heirs or assigns,