At common law it was not necessary that a deed be signed, though this is now required by the statute of frauds.214 Where the statute requires the deed to be subscribed, the signature must be written at the end; but, in the absence of such provision, the signing may be at any other place.215 If the party signing the deed is unable to write, he may sign it by a mark, and this would probably be true even though he could write.216 The name of the grantor may be written by another for him, in his presence;217 though, if the grantor is absent, the power to. sign his name must be in writing.218 Where a deed is signed by another for the grantor without his authority, he may adopt the signature as his own, and ratify the execution.219 A deed by a corporation is to be signed in the corporate name.220
209 l stim. Am. St Law, § 1565; Cosner v. Mccrum (W. Va.) 21 S. E. 739. But see Warren v. Lynch, 5 Johns. (N. Y.) 239; Perrine v. Cheeseman, 11 N. J. Law, 174.
210 Jenkins v. Hurt's Com'rs, 2 Rand. (Va.) 446. An instrument containing the words "sealed with my seal," but having no seal on it, is not a technical deed. Deming v. Bullitt, 1 Blaekf. (Ind.) 241.
211 Proprietors of Mill Dam Foundry v. Hovey, 21 Pick. (Mass.) 417, 428; Stebbins v. Merritt, 10 Cush. (Mass.) 27, 34.
212 See Jackson v. Campbell, 5 Wend. (N. Y.) 572.
213 Yale v. Flanders, 4 Wis. 96. But see note on seals, 3 Gray, Cas. Prop. 624.
214 1 Devi. Deeds, § 231.
215 Dembitz, Land Tit. 345.
216 Devereux v. Mcmahon, 108 N. C. 134, 12 S. E. 902; Baker v. Dening, 8 Adol. & E. 94.
217 Conlan v. Grace, 36 Minn. 276, 30 N. W. 880; Schmitt v. Schmltt, 31 Minn. 106, 16 N. W. 543.
218 Mcmurtry v. Brown, 6 Neb. 368.
219 Bartlett v. Drake, 100 Mass. 174; Mutual Benefit Life Ins. Co. v. Brown, 30 N. J. Eq. 193.
220 Hatch v. Barr, 1 Ohio, 390; Zoller v. Ide, 1 Neb. 439. But see Bason v. Mining Co., 90 N. C. 417.