And that said premises now are free, clear, discharged and unincumbered, of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments and incumbrances, of what nature or kind soever. (n) Covenant for Quiet Enjoyment.
And that the said party of the second part, his heirs and assigns, shall and may, at all times hereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of said party of he first part, his heirs and assigns, or of any other person or persons lawfully claiming or to claim the same. (o) Covenant That the Vendor Will Defend.
And the said party of the first part, for himself and his heirs, the above-described 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 of the first part, and his heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant, and by these presents forever defend. (p) Covenant of Further Assurance.
And also, that the said party of the first part, and his heirs, and all and every person or persons whomsoever, lawfully or equitably deriving any estate, right, title or interest, of, in or to the hereinabove granted premises, by, from, under or in trust for him, shall and will at any time or times hereafter, upon the reasonable request and at the proper costs and charges in the law, of the said party of the second part, his heirs and assigns, make, do and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, in and to the said party of the second part, his heirs and assigns forever, as by the said party of the second part, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably advised or required. (q) Testatum Clause.
In Witness Whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. (r) Signature, Seal and Witnesses.
James W. Robertson. (Seal)
Signed, Sealed and Delivered in Presence of John Jones, B. W. Lee. (s) Acknozvledgment.
SEC 92 - COMMENTS ON THE FOREGOING FORM.
The following letters which are in parenthesis have reference to sections of the foregoing form of deed lettered in like manner:
(a) Date. It is customary to date a deed at the beginning of the instrument. The deed does not take effect, however, until the time of its delivery, which is supposed to coincide with the date of the deed.
(b) Parties, (1) Any person, either natural or artificial (see Chapter 1, Sec. 12) capable of making a contract, may make a deed. The party making the deed is called the grantor, and in the deed is referred to as the party of the first part, and the party receiving the deed is called the grantee, and in the deed is referred to as the party of the second part.
(2) If the grantor is married, his wife should join in the deed. If the property is community property, and stands in the name of the wife, the husband should join in the deed as a party thereto.
(3) Any person, male or female, in whom the title to real estate is vested, and whose name is afterwards changed, should, in any conveyance of such property, set forth the name in which it was acquired as well as that by which it is conveyed.
(4) The deed of an infant, that is, a person under legal age, is not void but voidable. Such deeds are generally made by the guardian of the infant upon order of Court.
(5) A deed by an Indian to a white person passes no title. Such a conveyance is contrary to the policy of the Spanish, Mexican and American law.
(6) Description of Parties. Husband and Wife. "By and between Henry Hudson and Sarah Hudson, his wife, of the County of Los Angeles, State of California, the parties of the first part," etc.
Wife and Husband. "Between Sarah Hudson and Henry Hudson, her husband, of the County of," etc.
Co-Partners. "Between Henry Hudson and James Wilson, doing business under the firm name and style of Hudson & Wilson, of the County of," etc.
Corporation. "Between Golden Rod Mercantile Company, a corporation, duly organized and existing under the laws of the State of California, and having its principal place of business at Los Angeles, County of Los Angeles, State of California, the party of the first part."
(7) The setting forth in the deed of the places of residence is for the purpose of more clearly identifying the parties.
(c) Recitals in a deed or other instrument are inserted to explain why the deed was made, or to set forth the pre-requisite steps and proceedings taken by or on behalf of the grantor, as, that he was acting under order of Court, etc.
(d) The Consideration is the inducement which moves the grantor to make the conveyance. It may be good or valuable. A good consideration is blood relationship or affection. A valuable consideration is money or that which in law is ratable as money, as shares of stock, other lands, etc. Love and affection is a sufficient consideration from a husband to his wife. Courts of equity will enforce such a deed, where it is for the benefit of the wife and no rights of creditors intervene. It is not necessary to set forth the full or exact consideration in the deed, and oftentimes is not advisable to do so. A nominal consideration, such as "One dollar," or "Ten dollars," is sufficient. Where the full consideration is given, a subsequent intending purchaser, by referring to the records, might obtain information which would defeat a sale.
(e) Operative Words. The rule is that everything essential to the beneficial use and enjoyment of the property designated is to be construed as passing to the grantee, in the absence of language to the contrary, indicating a different intention on the part of the grantor. The kind of title conveyed is indicated in this part, and deeds are distinguished by the words used, as "grant, bargain and sale," or "quit-claim," etc. The duration of the estate conveyed is limited in the Habendum clause.