AN INSTRUMENT in writing, by which lands and appurtenances thereon are conveyed from one person to another, signed, sealed, and properly witnessed, is termed a deed. A deed may be written or printed on parchment or paper, and must be executed by parties competent to contract.

The law provides that an acknowledgment of a deed can only be made before certain persons authorized to take the same; these including, in different States, justices of the peace, notaries, masters in chancery, judges and clerks of courts, mayors of cities, commissioners of deeds, etc. In some States one witness, in some two, and in some none are required.

To render a deed valid, there must be a realty to grant, and a sufficient consideration.

To enable a person legally to convey property to another, the following requisites are necessary: First, he or she must be of sane mind; second, of age; and third, the rightful owner of the property.

Form Of Warranty Deed And Quit-Claim Deed

The maker of the deed is called the grantor; the person or party to whom the deed is delivered, the grantee. The wife of the grantor, in the absence of any statute regulating the same, must execute the deed, or else, after the death of her husband, she will be entitled to a one-third interest in the property, as dower, during her life. A deed of a homestead not executed by the wife is void. Her acknowledgment of the deed must be of her own free will and accord, and the commissioner, or other officer, before whom the acknowledgment is taken, must certify to the fact that her consent was without compulsion.

Special care should be taken to have the deed properly acknowledged and witnessed, and the proper seal attached.

The deed takes effect upon its delivery to the person authorized to receive it.

Any alterations or interlineations in the deed should be noted at the bottom of the instrument, and properly witnessed. After the acknowledgment of the deed, the parties may not make the slightest alteration. An alteration after the delivery, in favor of the grantee, vitiates the deed.

By a general warranty deed, the grantor agrees to warrant and defend the property conveyed against all persons whatsoever. A quit-claim deed releases what interest the grantor may have in the land, but does not warrant and defend against others.

Deeds, upon their delivery, should be recorded in the recorder's office without delay.

Warranty Deed, With Covenants

This Indenture, made this eighteenth day of March, in the year of our Lord one thousand eight hundred and seventy-three, between Henry Botsford, of Lee, county of Berkshire, State of Massachusetts, and Mary, his wife, of the first part, and Calvin Daggett, of the same place, of the second part:

Witnesseth, that the said party of the first part, for and in consideration of the sum of Three Thousand Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, his heirs and assigns, all the following-described lot, piece, or parcel of land, situated in the town of Lee, in the county of Berkshire, and State of Massachusetts, to wit: [Here describe the property. ]

Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever, of the said party of the first part, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances: To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Botsford and Mary Botsford, his wife, party of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above-described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said Henry Botsford and Mary Botsford, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever; and the above-bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.

Signed, sealed and delivered in the presence of Abial Ketchum.

HENRY BOTSFORD,-(seal)-MARY BOTSFORD. -(seal)-

[The foregoing should be acknowledged before a legally authorized officer. See "Acknowledgments." ]

Quit-Claim Deed

This Indenture, made the fourth day of July, in the year of our Lord one thousand eight hundred and seventy-one, between Oscar Joy, of Nashville, county of Davidson, State of Tennessee, party of the first part, and Lorenzo Fisher, of the same place, party of the second part.

Witnesseth, that the said party of the first part, for and in consideration of Eight Hundred Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand, which the said party of the first part has in and to the following-described lot, piece, or parcel of land, to wit:

[Here describe the land. ]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part,his heirs and assigns forever.

In witness whereof, the said party of the first part hereunto sets his hand and seal the day and year above written.

Signed, sealed and delivered in presence of Azro Hollis.

OSCAR JOY.

L. S.

[ The above should be duly acknowledged. ]

Long Form Quit-Claim Deed - Homestead Waiver

This Indenture, made the fourteenth day of October, in the year of our Lord one thousand eight hundred and seventy-two, between Park Converse, of Burlington, county of Des Moines, State of Iowa, party of the first part, and Elbridge Robinson, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Four Thousand Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit:

[Here describe the land. ]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in any wise thereunto appertaining; and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

And the said Park Converse, party of the first part, hereby expressly waives, releases, and relinquishes unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above-described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said party of the first part, for himself and his heirs, executors, and administrators, does covenant, promise and agree, to and with the said party of the second part, his heirs, executors, administrators, and assigns, that he hath 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 any time hereafter, shall or may be impeached, charged, or incumbered, in any way or manner whatsoever.

In witness whereof, the said party of the first part hereunto sets his hand and seal the day and year first above written.

Signed, sealed and delivered in presence of Gerry Hobbs.

PARK CONVERSE.

L. S.

Acknowledgment Before A Justice Of The Peace

State or Iowa, County of Des Moines,

88.

I, Gerry Hobbs, a justice of the peace in and for the said county, in the State aforesaid, do hereby certify that Park Converse, who is personally known to me as the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.

Given under my hand and seal, this fourteenth day of October, A. D. 1872. GERRY HOBBS,

Justice of the Peace.

L. S.