Official deeds comprise all those forms of conveyance wherein the maker acts by virtue of an office and not in his individual or personal capacity. They cover a wide portion of the field of conveyancing and assume a variety of shapes, but may be reduced to two general classes, viz.: those made in a fiduciary capacity, as the deeds of trustees, etc., and those made in a ministerial character, as the deeds of sheriffs, etc. The rules for construing deeds are much the same, whether the deed be made by a party in his own right, or by a fiduciary or officer or the court.

It is the policy of the law to invest the sheriff, master in chancery, administrator, or other officer making sales of real estate in a purely ministerial capacity, with only a mere naked power to sell such title as the debtor, deceased person, etc., had, without warranty or any terms other than those imposed by law. Hence, purchasers at such sales assume the risk of title, as well as the validity of the proceedings under which the sale is made.35 Much detail will, therefore, be required in the abstract of an instrument of this character, which should show substantially all the material parts of the deed, including the recitals necessary to show a full compliance with the law, even though at times the instrument may seem to be unreasonably long.

To establish title to land under a sheriff's sale on execution all that is necessary to be shown, as a general rule, is a valid judgment, execution duly issued, and a sheriff's deed.36 But in all cases the judgment is the foundation of the title, and proof of such judgment is indispensable to its validity. Where a deed alone is relied on it must show upon its face the officer's authority as well as all other essential requirements of a valid sale, but it may always be aided by the return on the execution, and where the judgment and execution are both shown omissions in the deed are generally immaterial, provided the deficiency is supplied by the writ and return.

Titles derived through trustee's'deeds require close scrutiny, for where a deed of trust minutely and particularly prescribes the conditions under which, and the manner in which, the trustees shall have authority to sell the trust property, they have no power or authority to dispose of such property under any other circumstances or in any other manner.37 Those who deal with fiduciaries and trustees on the faith of the trust estate, must be aware that they exercise only limited and delegated powers, and are bound, at their peril, to take notice of such powers and see to it that the trustees confine themselves within their scope.38

35 Bishop vs. O'Connor, 69 111., 431. 36 Riddle vs. Bush, 27 Tex., 675;

Hughes vs. Watt, 26 Ark., 228; Lenox vs. Clark, 52 Mo., 115.

The lands of deceased persons are frequently conveyed through the media of what are known as "personal representatives," consisting of executors, or persons specifically designated for that purpose by the decedent, and administrators, who act by virtue of an appointment under the law. An executor may sell and convey lands held in special trust without the intervention of a court, but not such lands as are sold in due course of administration to pay decedent's debts, while an administrator can do no act affecting lands without the special order of a court. In case of sales by either officer no title passes until the execution and delivery of a deed.

Guardians and conservators frequently make conveyances of the real estate of their wards, either to pay debts or for the support and education of the ward, or for the purpose of investing the proceeds. Such conveyances, if attended by all the statutory requisites, are effectual to convey all the title which the ward may have possessed at the time of sale. Sales of this kind are made under the direction of the Probate Court upon petition by the guardian stating the jurisdictional facts, and after notice of such application, in the manner provided by law. Such sales must further be reported to and confirmed by the court granting the license, but the title of the ward will not be divested until a deed has been ordered and actually executed.

37 Hunt vs. Townshend, 31 Md., 336.

38 Owen vs. Reed, 27 Ark., 122; Ventres vs. Cobb, 105 111., 33.

The deed should be preceded in the abstract by brief recitals of the antecedent steps or references to all jurisdictional facts.