convey, to the said C. D. and his heirs and assigns forever, one undivided tenth part of certain premises, (here describe how bounded and measuring, and how it came to the wife, whether by will, deed, &c., after which, proceed as in No. 6, to the close of the third paragraph, and then say,) In witness whereof, we, the said A. B. and M. B., hereto set our hands and seals this day of A. D. NOTE.-If a corporation is grantee, say, "its successors and assigns," instead heirs and assigns." 8. DEED OF A WATER COURSE AND POWER. This Indenture, between A. B. of and C. D. of of the first part, of the second part, witnesseth: That whereas the said parties, at the time of the execution and delivery of these presents, are respectively seized in fee of two adjoining parcels of land with the appurtenances, in the town of , upon which there is a dam and race or water course constructed, in and upon a certain stream of water known as within and upon the land of the said party of the first part, and owned by him: now therefore, said party of the first part, in consideration of dollars to him paid by said party of the second part, the receipt whereof is hereby acknowledged, has granted, sold, and confirmed, and by these presents does grant, sell, and confirm, to said party of the second part, his heirs and assigns, all the water of the said stream, which may or can be led or conveyed from the westerly side of said dam in a trunk, race, or flume, to be constructed at the expense of the party of the second part, not exceeding feet in width and feet in depth, measuring from the surface of the embankment or upper timber forming said dam. To have and to hold the said easement and privilege, to said party of the second part, his heirs and assigns forever, as appurtenant to his and their lands as aforesaid. In witness whereof, I, the said A. B., have hereto set my hand and seal, this Executed and delivered in presence of day of A. D. 18. A. B. [L. S.] 9. SAME. FOR IRRIGATION, WITH SPECIAL PROVISIONS. This indenture between A. B. of of the first part, and C. D. of of the second part, witnesseth: That whereas the said A. B. and C. D., at the time of the ensealing and delivery of these presents, are respectively seized in fee of two contiguous parcels of land in the town of : and whereas there is a dam and race, or water course, constructed and made in and upon a certain stream of water, called within the land of the said A. B., for watering, overflowing, and improving, meadow ground thereon: now, the said A. B., for divers considerations, and especially for the consideration of one dollar paid by the said C. D., the receipt whereof is hereby acknowledged, has granted, sold, and confirmed, and by these presents does grant, sell, and confirm, to the said C. D. and his heirs and assigns, all the water of the said stream, which may be led and conveyed from the said dam along the race or water course aforesaid into the land of the said C. D., for the space of three days in every week, to wit: from Saturday evening at 6 o'clock to Tuesday evening at 6 o'clock, from the 10th day of April to the 10th day of October annually, for the watering, overflowing, irrigation, and improvement, of meadow ground on the land of the said C. D.,; together with free ingress, egress, and regress, for the said C. D., his heirs and assigns, and his and their agents, servants, and workmen, with teams, tools and instruments, at all convenient times and seasons, through the land of the said A. B., his heirs and assigns, upon and along the banks of the said race or water course, for the cleaning, repairing, or rebuilding, of the same; with liberty and privilege, for that purpose, to dig and take stones and earth from the adjoining land of the said A. B., whenever it may be necessary. To have and to hold the premises and privileges hereby granted, with the appurtenances, to the said C. D., to the use of the said C. D. his heirs and assigns forever; he and they paying one-half part of the expenses which from time to time may accrue in supporting, cleansing, repairing, and rebuilding, the dam and water course aforesaid. Witness my hand and seal this 18 . Executed and delivered day of , A. D. A. B. [L. S.] 10. DEED TO A MARRIED WOMAN TO HER SEPARATE USE. dollars, to me paid by C. D., wife of E. D. of the receipt of which is hereby acknowledged, do grant and convey unto the said C. D., her heirs and assigns, a lot of land situate in with the dwelling-house thereon standing, bounded and described as follows, to wit: [here insert the description,] with the appurtenances thereto belonging. To have and to hold the above granted premises, to the said C. D., wife of the said E. D., to her separate use, free from the interference or control of her present or any future husband, and to her heirs and assigns, to her and their sole use forever. (Here insert covenants of warranty, as in a common deed.) In witness whereof, I, the said A. B., &c. Signed, sealed and delivered, in presence of A. B. [L. S.] If the grantor is married, there should be a release of dower in some of the states, in others a wife is dowable only of land of which the husband dies seized. 11. A. B. of doth hereby grant to the said C. D., his heirs feet in breadth, extending from feet street, and assigns, the use of a passage along a certain alley, in depth by in the town aforesaid, along the south side of the present dwelling house and lot of the said C. D., together with free ingress, égress, and regress, for the said C. D., his heirs and assigns, his and their tenants and undertenants, occupiers and possessors of the ground of the said C. D. contiguous to the said alley, at all times and forever hereafter, into, along, and out of, said alley, in common with said A. B., his heirs and assigns, tenants or occupiers of the ground of the said A. B., adjacent to the same alley. To hold the privileges aforesaid to the said C. D., his heirs and assigns, to their use forever, in common with him the said A. B., his heirs and assigns, as aforesaid: Subject to the equal half part of all necessary expenses, which shall from time to time accrue, in paving, repairing, and cleansing, the said alley. In witness whereof, the said A. B. has hereto set his hand and seal, this A. D. one thousand eight hundred day of Signed, sealed and delivered, A. B. [L. S.] in presence of 12. DEEDS PRESCRIBED BY STATUTE IN INDIANA. In some of the States, a very simple form of deed is prescribed by statute. In Indiana, such a deed and the statute providing for it are as follows: Warranty Deed. "A. B. conveys and warrants to C. D., the following tract of land: (here describe the estate,) for the sum of dollars." "This deed, dated, signed, sealed, and acknowledged by the grantor, shall be deemed a good conveyance in fee to the grantee, his heirs and assigns." Quit Claim "A. B. quitclaims to C. D. the following lot of land: (here describe the estate,) for the sum of dollars." "This deed, dated, signed, sealed, and acknowledged by the grantor, shall be deemed a good quitclaim to the grantee, his heirs and assigns." Mortgage Deed. "A. B. mortgages and warrants to C. D., (here describe the estate,) to secure the repayment of (here write the note, bond or other evidence of debt, or a description thereof, sought to be secured, also the date of the payment.") "This mortgage deed, dated, signed, sealed, and acknowledged, shall be deemed a good mortgage." Probably a deed duly executed and acknowledged following either of these simple forms, would be deemed good, as a mere conveyance of the estate described, in most, if not all, the States of the Union. 13. DEEDS PRESCRIBED BY STATUTE IN IOWA. Quit Claim Deed. "For the consideration of dollars, I hereby quit claim. to A. B. all my interest in the following tract of land:" (describing it.) Warranty Deed. "For the consideration of dollars, I hereby convey to A. B. the following tract of land: (describing it,) and I warrant the title against all persons whatsoever." Mortgage Deed. The same as a deed of conveyance,-adding,-"to be void upon condition that I pay," (here state the sum, note, bond, &c.) |