the

County,

IN WITNESS WHEREOF, the said A. B. has hereunto set his hand and seal,

day of

[Signature and seal.]

Iowa.

[Words of inheritance are not necessary to pass a fee. The use of private seals (corporate seals excepted) is abolished. (d) `No witnesses are necessary if the deed is acknowledged.]

For the consideration of

647. Quit-Claim Deed.(e)

dollars, I hereby quit-claim to A. B., all

day of
[Signature.]

my interest in the following tract of land [describe it]. IN WITNESS WHEREOF, I have hereto set my hand, this In presence of

[Signature of witness.]

648. Deed in Fee-Simple, Without Warranty.

For the consideration of dollars, I hereby convey to C. D. the following tract of land [describing it].

IN WITNESS [etc., as in last form to the end].

649. Deed in Fee Simple, With Warranty.

[As in the preceding form, inserting :] and I warrant the title against all persons whatsoever.

650. Another Form; Warranty Deed With Covenants. KNOW ALL MEN by these presents, that A. B., of

statute to have the effect of a conveyance in fee-simple to the grantee, his heirs and assigns, with covenant from the grantor for himself and his heirs and personal representatives, that he is lawfully seized of the premises, has good right to convey the same, and guaranties the quiet possession thereof; that the same are free

County, State of

from all encumbrances, and that he will warrant and defend the title to the same against all lawful claims.

(d) Code of 1851, 974, § 26; Pierson v. Armstrong, 1 Clarke (Iowa), 282. (e) This form and the two following are declared sufficient by statute. Code of 1852, 195, § 1232.

Deeds for Iowa;-Kansas ;-Kentucky.

[and C. B., his wife], (g) in consideration of the sum of

County, State of

dol

lars, in hand paid by Y. Z., of the receipt whereof is hereby acknowledged, does, by these presents, grant, bargain, sell and convey(ƒ) unto the said Y. Z., his heirs and assigns, forever, the following described premises, situate in the county of

State of -to wit: [here insert description]; TO HAVE and to hold the said premises, together with the appurtenances and improvements unto the said Y. Z., his heirs and assigns, forever: AND THE SAID A. B., grantor herein, does hereby covenant with the grantee, his heirs and assigns, that he is lawfully seized of said premises; that the said premises are free from every encumbrance; that he has good right and lawful authority to sell the same; and he hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever.

[And the said C. B., wife of the said A. B., hereby relinquishes her right of dower, in and to the above described premises.](g)

IN WITNESS WHEREOF, A. B. [and C. B.], the said grantor

day of

651. Deed of Trust.(i)

For the purpose of securing to A. B. the sum of terest from date at the rate of

here

, A. D. 18
[Signature.](h)

dollars, with inper cent. per annum [or otherwise, as the case may be], I hereby convey to C. D. [describe the property]; and if the sum so secured to A. B. is not paid to him by [stating the time of payment], I hereby authorize the said C. D. to sell the property herein conveyed [stating the manner, place of sale, notice to be given, etc.],(j) to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order.

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

The use of private seals is abolished. Subscribing witnesses are necessary only when the deed is not acknowledged by the grantor.]

Kentucky.

[Words of inheritance are essential to a conveyance of the fee.

The use of private seals is abolished. Two witnesses are necessary, uniess the deed is acknowledged by the grantor.]

(f) The words "give and grant" in the present or past tense are sufficient, especially where the habendum contains words of inheritance. Pierson v. Armstrong, 1 Clarke (Iowa), 282.

(g) Omit these clauses, unless a wife joins.

(h) A deed by a private individual, of lands in Iowa, does not require a seal.

(i) This form is given by the statute. Code of Iowa, § 1232.

(j) See forms of CHATTEL MORTGAGES.

For Kentucky;-Louisiana.

652. Deed With Covenants.

KNOW ALL MEN, that A. B., in consideration of

dollars, to him paid

by Y. Z., the receipt whereof is hereby acknowledged, does hereby bargain, sell and convey to the said Y. Z., his heirs and assigns, forever, the following real estate-to wit: [here insert description], together with all the privileges and appurtenances to the same belonging; TO HAVE AND TO HOLD the same to the said heirs and assigns forever: THE GRANTOR, his heirs, executors and administrators hereby covenanting with the grantee, his heirs and assigns, that the title so conveyed is clear, free and unencumbered, and that he and they will warrant and defend the same against all claims whatso

ever.

of

IN WITNESS WHEREOF, the said A. B. hereunto set his hand, this

in the year 18

in presence of

Signed, sealed and delivered (1)

[Signatures of witnesses.]

Louisiana.

day

[Signature.](k)

[For an explanation of the modes of conveying in Louisiana, see the chapter of ACKNOWLEDGMENT AND PROOF OF DEEDS.]

653. Conveyance With Warranty, and Purchase-Money Mortgage.(m)

State of Louisiana, city of New Orleans:

BE IT KNOWN, that this day, before me, M. N., a notary public in and for the city and parish of State of Louisiana, aforesaid, duly commissioned and sworn, personally came and appeared A. B., of this city, unmarried, who declared that for the consideration hereinafter expressed, he does, by these presents, grant, bargain, sell, convey, transfer, assign and set over, with all legal warranties, unto Y. Z., of this city, here present, accepting and purchasing for himself, his heirs and assigns, and acknowledging delivery and possession thereof [here insert description], being the same property which was purchased by the present vendor, at the public sale mado by the sheriff of this parish, on the last, by virtue of a at the suit of A. B. and

day of

writ of fieri facias, issued by the court of C. D.; and in execution of the aforesaid adjudication, the said sheriff delivered an act of sale, which was duly recorded in the clerk's office of said Court, in Deed Book

, page

and in the office of the Register

TO HAVE AND TO HOLD the said lot of ground and buildings unto the said purchaser, his heirs and assigns, to their proper use and behoof forever. AND THE SAID VENDOR, for himself and his heirs, the said property to the said purchaser, his heirs and assigns, shall and will warrant and forever de

(k) A deed by a private individual, of lands in Kentucky, need not be under seal. (7) Witnesses are not necessary if the deed is acknowledged.

(m) This precedent is from Thornton on Conveyancing, p. 247.

Conveyance for Louisiana ;-Maine ;-Maryland.

fend against the lawful claims of all persons whomsoever by these presents. And the vendor does, moreover, subrogate the said purchaser to all the rights and actions of warranty which he now has or may have against his own vendor, or against the vendors of his vendor, fully authorizing the said purchaser to exercise the said rights and actions in the same manner as he himself might or could have done. THIS SALE is made and accepted for and in consideration of the sum of dollars, in part payment and deduction, whereof the said vendor acknowledges to have received from the said purchaser the sum of dollars, in ready, current money, delivered in the presence of the undersigned notary and witnesses, for which a full acquittance is hereby granted; and for the balance of the said price-say dollars-the said Y. Z. has furnished three several promissory notes for the sum of dollars each, subscribed by himself, to his own order, and by himself indorsed, dated this day, payable, respectively, in one, two and three years from date, with interest at the rate of

per cent. per

annum, from date till paid; which said notes, after having been marked ne varieatur, and countersigned by me, notary, for the purpose of identification, with these presents, were handed over to, accepted by the said A. B., who hereby acknowledges the receipt thereof. Now, THEREFORE, in order to secure the full and punctual payment of said notes, without thẹ privilege of renewal or extension at maturity, together with the interest thereon, the said purchaser does, by these presents, specially mortgage and hypothecate the premises herein conveyed in favor of said vendor, and of whomsoever may be the lawful holder of said notes; binding himself by these presents not to sell, mortgage or in any manner alienate the said premises to the prejudice of this mortgage. BY REFERENCE to the annexed certificates of the recorder of mortgages and register of conveyances for this city, dated this day, it appears that there is no mortgage recorded in the name of said A. B., on the property hereinabove conveyed, and that the same has not been alienated by the vendor. By reference to the sheriff's sale aforesaid, it appears that the said sheriff has retained an amount sufficient to pay the State and city taxes, as well as the paving in front of said property.

THUS DONE and passed in my office, in the city of New Orleans, aforesaid, in the presence of O. P. and Q. R., witnesses, of lawful age and domiciliated in this city, who hereunto sign their names, together with the said parties, and me, the said notary, on this , in the year one thousand eight hundred and

[Official seal.]

day of

[Signatures of the parties and the witnesses, and of the notary, with his title.]

Maine.

[The forms given for Massachusetts are appropriate also for Maine.

There should be a subscribing witness,

The seal must be in wafer or wax. and it is the usual practice to have two.]

[A scroll is a sufficient seal.

Maryland.

For Massachusetts.

If a deed conveys personal as well as real estate, it must be verified by affidavit-see Form 70-in order to make it effectual as to the personalty.] (n)

Massachusetts.

[Deeds of land should be under seal,(0) and the seal should be in wafer or wax. There should be a subscribing witness, and it is the practice to have two.]

of

654. Common Form of Warranty-Deed.

KNOW ALL MEN by these presents, that I, A. B., of

Z., of

of

merchant, in consideration of

dollars, to me paid by Y.

the receipt whereof I do hereby acknowledge, do, by these presents, give, grant, bargain, sell and convey unto the said Y. Z., his heirs and assigns, all that certain parcel of land situate in in the county bounded and described as follows: [describing it], together with all the privileges and appurtenances to the said land in any wise appertaining and belonging: TO HAVE AND TO HOLD the above-granted premises to the said Y. Z., his heirs and assigns, to his and their use and behoof forever. AND I, the said A. B., for myself, my heirs, executors and administrators, do covenant with the said Y. Z., his heirs and assigns, that I am lawfully seized in fee of the aforegranted premises; that they are free from all encumbrances; that I have good right to sell and convey the same to the said Y. Z., as aforesaid; and that I will, and my heirs, executors and administrators shall, warrant and defend the same to the said Y. Z. and his heirs and assigns forever, against the lawful demands of all persons.* IN TESTIMONY WHEREOF, I, the said A. B., have hereunto set my hand and seal, this day of

Signed, sealed and delivered

in presence of us,

[Signatures of witnesses.]

A. D. 18.

}

[Signature and seal.]

655. The Same; With Release of Dower by Wife.(p)

[As in preceding form to the*, concluding thus:]

IN TESTIMONY WHEREOF, I, the said A. B., and C., the wife of said A. B.,

in token of her release of all right of dower in the premises, have hereunto set our hands and seals, this

red}

Signed, sealed and delivered
in presence of us,
[Signatures of witnesses.]

day of

(n) Stochett v. Halliday, 9 Md., 480. (0) Stewart v. Clark, 13 Metc., 79. (p) To render the transfer of an estate effectual and complete, it is not necessary that the sale by the husband and the relinquishment of dower by the wife be by the same instrument. She may subsequently release by a separate instrument, reciting the sale as a consideration upon

which she releases her dower. But the usual mode is as above. This form is sustained by Stearns v. Swift, 8 Pick., 582. But merely being named, and joining in the execution without the insertion of words of grant or release by the wife, is nugatory. Lufkin v. Curtis, 18 Mass., 228.