Deeds Applicable in all the States.

673. Deed-Poll.(f)

To all people to whom these presents shall come, A. B., of

KNOW YE, that the said A. B. and C. D. [here will follow the provisions of the instrument, concluding thus:]

IN WITNESS WHEREOF, we have hereunto set our hands and seals, this

674. Short Form of Deed in Fee.(g)

I, A. B., in consideration of one dollar to me paid by C. D., do bargain and sell [or, in New York, grant] to C. D. and his heirs [in New York, Vir ginia, etc., the words and his heirs may be omitted(h)] the lot of land [describe it]. WITNESS my hand and seal, etc.

675. Quit-Claim Deed.(i)

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

Quit-claim.

Deed without Covenants.

above, and C. B. his wife], in consideration of dollars to me [or, us] paid by Y. Z., of merchant, the receipt whereof is hereby acknowledged, have remised, released and forever quit-claimed, and by these presents do, for myself, my [or, ourselves, our] heirs, executors and administrators, remise, release and forever quit-claim unto the said Y. Z., his heirs and assigns, forever, all such right, title, interest [dower and right of dower(j)], property, possession, claim or demand as I [or, as we or either of us] have or ought to have, in or to all [here insert description of premises], TO HAVE AND TO HOLD the said premises unto the said Y. Z., his heirs and assigns, to. his and their only proper use and behoof forever; so that neither I, the said A. B., or any other person in my name and behalf [or, we, the said A. B. and C. B., or either of us, or any other person in our or either of our names and behalf] shall or will hereafter claim or demand any right or title to the premises, or any part thereof; but they, and every of them, shall by these presents be excluded and forever barred.

IN WITNESS WHEREOF, I [or, we] have hereunto set my hand and seal [or, our hands and seals], this

hundred and

Signed, sealed and delivered in the presence of

[Signature of witness.]

day of

in the year one thousand eight

[Signatures and seals of grantors.]

676. Deed Conveying Without Covenants.

THIS INDENTURE, made this

eight hundred and

and State of

of

between A. B., of

in the year one thousand in the county of

farmer [and C. B. his wife], of the first part, and Y. Z.,

in said county, merchant, of the second part: WITNESSETH, that the said party [or, parties] of the first part, in consideration of the sum of dollars, to him [or, them] paid by the said party of the second part, the receipt whereof is hereby acknowledged, has [or, have] granted, bargained and sold, and by these presents does [or, do] grant, bargain and sell(k) unto the said party of the second part, and to his heirs and assigns

MINNESOTA (Stats., 1851, 211, § 3), MISSISSIPPI (Hutch. Dig., 610, § 28; Kerr v. Freeman, 33 Miss. (Geo.), 292; and

VIRGINIA (Code, 503, § 3),

that a deed of quit claim and release, of the form in common use, shall be sufficient to pass all the estate which the grantor could lawfully convey by bargain and sale.

MISSISSIPPI (Rev. Code, 1857), 809, Art. 16, and

PENNSYLVANIA, Purdon's Dig., 822, that the words "grant, bargain and sell," in conveyances in fee, amount to an express covenant to the grantee, his heirs and assigns, that the grantor was seized of an indefeasible estate in fee-simple, free from encumbrances done or suffered

(j) Omit these words, unless a wife from the grantor, except the rents and joins.

services that are reserved; and also for

(k) It is enacted in the States of ALA- quiet enjoyment against the grantor, his BAMA (Code of 1852, § 1314);

ARKANSAS (Rev. Stat., 1838, 188, § 1),
ILLINOIS, S. T. & B. Stat., 961,

heirs and assigns, unless limited by the express words of such conveyance.

This implied covenant, however, is

Deed with Covenant against Grantor's Acts.

forever, all [here insert description of premises], together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest [dower and right of dower], property, possession, claim and demand whatsoever, as well in law as in equity of the said party [or, parties] of the first part, of, in and to the above-granted premises, and every part and parcel thereof: TO HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof unto the said party of the second part, his heirs and assigns, forever.

IN WITNESS WHEREOF, the said party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals] the day and year first above written.

Signed, sealed and delivered

in the presence of

[Signature of witness.]

}

[Signature and seal.]

677. Deed with Covenant Against Grantor's Acts.

THIS INDENTURE, made the day of

eight hundred and

in the year one thousand

construed as merely a covenant against grantee, his heirs and assigns; First,. the grantor's own acts.

4 Kent's Com., 474; Gratzv. Ewalt, 2 Binn., 95; Roebuck v. Depuy, 2 Ala., 451; Rawle on C., 586; Pretty man v. Wilkey, 19 Ills., 235; Latham v. Morgan, 1 Sm. & M. Ch., 611.

In ARKANSAS the same words, "grant, bargain and sell," are also a covenant for the quiet enjoyment against the claim or demand of all other persons whatsoever, unless limited by express words. Rev. Stat., 1889, 188.

In CALIFORNIA, these words import a covenant that previous to the execution the grantor has not conveyed any interest to any other than the grantee, and that the premises are free from encumbrances done or suffered by the grantor or any person claiming under him. Wood's Dig., 388.

In DELAWARE, it is enacted that "where there is no express covenant in a deed, the words grant, bargain and sell, shall, unless specially restrained, imply a special warranty against a grantor and his heirs, and all persons claiming under him." Rev. Stat., 1852, p. 266, § 2.

In MISSOURI, they are equivalent to express covenants on the part of the grantor for himself and his heirs, to the

That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee-simple, in the real estate thereby granted; Second, That such real estate was, at the time of the execution of such conveyance, free from encumbrance done or suffered by the grantor, or any person claiming under him; Third, For further assurances of such real estate to be made by the grantor and his heirs, to the grantee and his heirs and assigns. 1 Rev. Stat. (1855), 855, § 1.

The provision in the State of Missouri, making these words a covenant for further assurance and to remove encumbrances, embraces such encumbrances only as the grantor can control. Armstrong v. Darby, 26 Misso. (5 Jones), 517.

The covenants raised by force of such statutes are regarded as equivalent to an express covenant, and a subsequent express covenant of narrower import does not restrict its effect. Hawk . McCullough, 21 Ills., 220.

These statutory covenants do not bind executors, administrators, etc., personally, when the words are used by them in conveyances in the necessary execution of their trusts. Shontz v. Brown, 27 Penn. St., 123.

Covenant against Grantor's Acts.

Warranty.

merchant [and C. B. his wife], of the first part, and Y. Z., of in said county, farmer, of the second part, WITNESSETH, that the said party [or, parties] of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him [or, them] in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has [or, have] granted, bargained, sold, () aliened, remised, released, conveyed and confirmed, and by these presents do grant, bargain, sell,(7) alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs [or, if a corporation, their successors] and assigns, forever, all [here insert description of the premises], together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest [dower and right of dower(m)], property, possession, claim and demand whatsoever, both in law and in equity, of the said party [or, parties] of the first part, of, in and to the above-granted premises, and every part and parcel thereof, with the appurtenances. To HAVE AND TO HOLD all and singular the above-granted premises, together with the appurtenances and every part thereof, unto the said party of the second part, his heirs and assigns, forever.*

AND THE SAID A. B. [not naming the wife], for himself, his heirs, executors and administrators, does hereby covenant, promise and agree to and with the said party of the second part, his heirs and assigns, that he has not made, done, committed, executed or suffered any act or acts, thing or things whatsoever, whereby or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or at any time hereafter, shall or may be impeached, charged or encumbered, in any manner or way whatsoever.

IN WITNESS WHEREOF, the said party [or, parties] of the first part, has [or, have] hereunto set his hand and seal [or, their hands and seals], the day and year first above written.

Signed, Sealed and delivered}

presence

[Signature of witness.]

678. Warranty-Deed.(n)
day of

THIS INDENTURE, made this eight hundred and

[Signatures and seals.]

in the year one thousand

between A. B., of the city of

of merchant [and C. B. his wife], of the first part, and Y. Z., of in said county, farmer, of the second part, WITNESSETH, that the said party

(1) See note (k) preceding. (m) Omit these words, unless a wife joins. (n) The warranty in this form is called the general warranty, being against the acts of all persons. A contract to give a warranty-deed calls for a general warranty,

unless otherwise expressed; though this rule does not obtain in Pennsylvania, where such a contract is satisfied by a special warranty-i. e., against the vendor's acts. For a form of which, see No. 679.

Warranty-Deed.

[or, parties] of the first part, in consideration of the sum of dollars, lawful money of the United States, to him [or, them] in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his executors and administrators, forever released and discharged from the same, by these presents, has [or, have] granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does [or, do] grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all [here insert description], together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest [dower and right of dower], (o) property, possession, claim and demand whatsoever, both in law and in equity, of the said party [or, parties] of the first part, of, in and to the above-granted premises and every part and parcel thereof, with the appurtenances. To HAVE AND TO HOLD the above mentioned and described premises, with the appurtenances and every part thereof, to the said party of the second part, his heirs and assigns, forever.* And the said A. B. and his heirs, the abovedescribed and hereby granted and released premises, and every part and parcel thereof, with the appurtenances, unto the said party of the second part, his heirs and assigns, against the said party [or, parties] of the first part, and his [or, their] heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will warrant and by these presents forever defend.(p)

IN WITNESS WHEREOF, the said party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals] the day and year first above written.

Signed, sealed and delivered in

presence of

[Signature of witness.]

}

679. Special Warranty.(q)

[Signatures and seals.]

[As in the preceding form, or as in Form 677, substituting in place of the paragraph following the this clause:] And the said A. B. and his

(0) Omit these words, unless a wife joins. 122; Blydenburgh v. Cotheal, 1 Duer, (p) This is the form of general warranty 176; Mitchell v. Warner, 5 Conn., 497, in use in New York, and it is believed to 510; Loomis v. Bedel, 11 N. H., 74; Hambe the same generally throughout the ilton v. Cutts, 4 Mass., 349. country. Rawle on C., 240. This covenant is not broken by want of title in the grantor, or an outstanding title in another. Eviction, or a disturbance or surrender of possession, is necessary to constitute a breach. Kent v. Welch, 7 Johns., 258; Miller v. Watson, 5 Cow., 195; Vandekarr v. Vandekarr, 11 Johns.,

(2) It has been held, that where the deed purports to convey "all the right, title and interest of the grantor," a special warranty, such as the above, is to be deemed to relate to the title, not to the land itself, and it does not estop the grantor to set up a title subsequently acquired. Comstock v. Smith, 13 Pick., 116.