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Covenant of clear ti
said; 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 pre- quiet en mises, and every part and parcel thereof, with the joyment. appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance, of the said party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. And, that the same now are free, clear, discharged, and unencumbered of, and from, all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances, of what nature or kind soever; And also, that the said party of the first part, his heirs, and all and every person or persons whatsoever, lawfully or equitably deriving any estate, right, confirtitle, or interest, of, in, or to the herein before of title. granted premises, by, from, under, or in trust for him or them, shall, or will, at any time or times hereafter, upon the reasonable request, and, at
instrument as perfect and absolute as it can possibly be made.
“Tenements, hereditaments, and appurte- Tene. nances," are the buildings, fences, fixtures, privi. hereditaleges, etc.
“Reversion and reversions” refers to the interest in land, after a previous interest has been sipeveand determined, as the right to the land after a lease of it has expired.
66 Remainder and remainders.” This refers to the interest which remains after another interest granted at the same time has ceased; as the use for life to a person, or for a term of years, previously granted to another person, when the term of the latter shall expire; it denotes the completeness of the grant.
“Rents, issues, and Profits." This refers to Rents,
Remainder and remainders.
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 for ever, as by the said party of the second part, his heirs or assigns, or his or their counsel, learned in the law, shall be reason
ably advised or required : And the said John Core-, Smith, his heirs, the above described, and hereby nant of granted and released premises, and every part ranty. 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
Dower and righ!
rents from the tenant, the growth of trees, timber, produce, etc.
63. “ Dower, and right of dower." Upon marriage, the wife becomes entitled to a certain in
terest in the estate of her husband; this interest of do-wer. is the right to the use or enjoyment of one-third
during her natural life: the same right attaches to every parcel of land or estate of inheritance gained by the husband during marriage: this right is called the right of dower, and whether the same shall accrue during the life of the husband, or at his death, it may be surrendered by a release under her seal: her seal and signature in a deed, like the above, surrenders her dower in the property granted.
64. "Claim and demand.” This refers to any thing which might affect the land granted on
Claim and demand.
claim the same, shall and will warrant, and by these presents for ever defend.
Iu witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals the day and year first above writtea.
the part of the grantor, or which might seem to exist to the insecurity of the title of the grantee. and 65. “His heirs and assigns." This clause pro
signs. vides for the death of the grantée, in which case, the land would belong to his heirs, who would become entitled to all his rights, and also for the sale, by the grantee, to a new purchaser, who would be in the same position as the grantee, and would be an assign.
66. “In law as in equity.” This refers to a distinction made in legal proceedings between law Law and
equity. and equity : Courts are, in most of the states, divided into courts of law, and courts of equity, and claims are carried to one or the other of these courts according to the nature of the prosecution.
City AND COUNTY OF New-YORK, ss. :
On the twenty-fourth day of March, one thousand eight hundred and fifty-one, before me came John Smith, and Mary his wife, whom I know to be the persons described in, and who executed the within deed, and who severally acknowledged that they executed the same : the said Mary being by me examined separate and apart from her husband, acknowledged that she executed the same freely, and without any fear or compulsion from him.
Commissioner of Deeds.
of the City and County of New-
Index to the record.
"All and singular." A phrase which means All anil each and every part. singular.
" Judgments, taxes, and assessments.” These
constitute a lien. upon property in land, and unJudg
less the grantor covenants to pay them, the ments grantee will be holden for such "judgments," etc. taxes, &c
as may exist at the time of his purchase.
67. It is essential that the deed be given with Essen- the signatures and seals of the party, in the presence of a witness.
The party must make an acknowledgment of the deed before it can be recorded. Deeds are recorded in the office of the
Clerk of the county, or of the Register appointed of Deeds. for that purpose ; and when recorded, a minute of the same is made
upon the deed, that the record may be readily found. This record preserves the right and title when the original cannot he pro
Agreement for the Sale and Pur
chase of Land.
This Agreement, made and executed the second day of April, one thousand eight hundred ments.
and fifty-one, between William Jones, merchant, of White Plains, Westchester County, of the first part, and Samuel Wise, of the City of New York, milkman, of the second part:
Witnesseth, that the said party of the first part, for, and in consideration of the sum of two thousand dollars, (to him promised to be paid,) of Cousidewhich the sum of two hundred dollars is now paid, the receipt of which is hereby acknowledged, and the remaining eighteen hundred dollars is hereby agreed to be paid at the time the deed hereinafter mentioned is given, hath contracted and agreed to sell to the said party of the second part, all that certain piece or parcel of land situate in the town of White Plains, County of Westchester, and property State of New York, aforesaid, known and de
duced. It is often essential that the date, hour, and minute, that the record is made be noted. The grantor cannot subsequently deed the same property to another person, if a record has been grantor. made in the manner required, for the record itself would show that the original grantor had surrendered his right and title to the same, and serve as a notice to all to whom he might offer to sell.
68. An examination of the records, before land is purchased, or a deed received, is not only prudent, but absolutely essential. There may exist some claim or mortgage upon the land of which the grantor is entirely ignorant, hence the records alone can be relied upon. If no conveyance of property is there found to exist, and the purchaser is not otherwise informed of any conveyance since the grantor received it, he is called the pur